2012 Italian Navy Marines shooting incident in the Laccadive Sea
|Enrica Lexie Incident|
|Location||Indian Contiguous zone|
|Date||15 February 2012
approximately 16:30 IST (UTC+05:30)
|Deaths||Indian fishermen: Ajesh Binki and Gelastine (Valentine)|
|Perpetrators||Italian Marines: Massimiliano Latorre and Salvatore Girone (accused)|
The Enrica Lexie Incident occurred on 15 February 2012 when Italian Navy marines on-board a privately owned Italian-flagged Aframax oil-tanker MT Enrica Lexie opened fire on a fishing trawler. Indian coastal police were alerted that two crew members of St-Antony, an Indian fishing trawler engaged in commercial fishing related activities had been killed by gunfire from an oil-tanker. The shooting incident occurred within the Indian Contiguous zone at approximately 20.5 nautical miles off the coast of Kerala in southern India near traditional Indian fishing grounds in the Laccadive Sea.
At the time of the incident, the MT Enrica Lexie was transiting through Indian Customs Waters. The Enrica Lexie had failed to obtain clearances from Indian authorities for the commercially contracted armed guards from the Italian Navy. Indian customs waters are defined as the waters extending into the sea up to the limit of contiguous zone of India under section 5 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976). India's Ministry of Shipping guidelines SR-13020/6/2009-MG(pt.) dated 29/8/2011 makes it mandatory for all Indian and Foreign commercial merchant vessels with armed guards and military weapons to obtain a Pre-Arrival Notification for Security (PANS) clearance prior to entrance and transit through either the Indian Exclusive Economic Zone (EEZ) or the Indian Search and Rescue Region (ISRR).
Indian Coast Guard intercepted and ordered the Enrica Lexie to dock at Kochi port. Forensic analysis by Indian police concluded that fragments extracted from the corpses of the slain Indian fishermen matched ammunition and the ballistic fingerprints of automatic rifles issued to the 6-member Nuclei Militari di Protezione (NPM) "team Latorre" on board the Enrica Lexie.
Portrayal of the shooting as a successful Somali anti-piracy mission by the Italian Defence Ministry and the Italian Government's subsequent denials to acknowledge that the Italian Navy guards of "team Latorre" were responsible for the deaths of two fishermen, caused outrage among Indian fishing communities.
The maritime incident sparked a diplomatic row between the governments of India and Italy, stemming from a conflict of opinions over legal jurisdiction and functional immunity. India cited the 2005 Additional Protocol to the 1988 SUA and UNCLOS articles 33 & 56 to investigate the deaths of two Indian fishermen who were working onboard the Indian fishing boat St-Antony within Indian Customs Waters. Indian authorities evoked settled State practice concerning extraterritorial jurisdiction within the Contiguous Zone to bring the case to trial in India.
The management of the Italian marines case by the UPA coalition government of Manmohan Singh is being closely watched in the run-up to the 2014 general elections in India for signs of leniency towards Italy by the Congress-party led UPA government whose chairperson is Italian-born Sonia Gandhi.
The case is currently under investigation by the National Investigation Agency (NIA) and will go to trial at a Special Court set-up to deal exclusively with this incident.
- 1 Shooting
- 2 Location
- 3 Events chronology
- 4 Indian Coast Guard interception
- 5 Arrest and detention of Italian marines
- 6 Victims
- 7 Investigations
- 8 Official documents
- 9 Court proceedings
- 10 Diplomatic fallout
- 10.1 Criminal jurisdiction, Applicable laws & International agreements
- 10.1.1 International Maritime Organisation (IMO)
- 10.1.2 World Customs Organization (WCO)
- 10.1.3 SUA Convention
- 10.1.4 United Nations Convention on the Law of the Sea (UNCLOS)
- 10.1.5 United Nations Convention on Jurisdictional Immunities of States and Their Property
- 10.1.6 Bilateral agreement between Italy and India on the transfer of sentenced persons
- 10.1 Criminal jurisdiction, Applicable laws & International agreements
- 11 March 2013 diplomatic crisis
- 12 Other related developments
- 13 Books
- 14 See also
- 15 References
Ajesh Binki and Valentine aka Gelastine, natives of Tamil Nadu and Kerala respectively, were allegedly shot dead by Chief Master Sergeant Massimiliano Latorre and Sergeant Salvatore Girone, belonging to the San Marco Regiment of the Italian Navy.
Indian court documents revealed statements given by Massimiliano Latorre and Salvatore Girone to Indian investigators regarding the use of live-fire in the direction of an approaching fishing boat : Latorre fired 12 rounds of ammunition and Girone eight in two bursts as warning shots.
Speaking to an Indian television channel on 18 May 2012, Staffan de Mistura, the Italian Deputy Foreign Minister, said: "They (Italian naval marines) had tried to send some signals. They shot into the water and fired warning shots, some of which went in the wrong direction". He described the death of the two fishermen caused by the shooting as an "accidental killing" and an "unfortunate incident which everyone regrets. Our marines never wanted this to happen, but unfortunately it took place".
Coast Guard (Western Region) Regional Commander S P S Basra said : “Firing on unarmed fishermen was not right. Our waters are not piracy waters, they are fishing waters. We have not witnessed any piracy incident in Indian waters for a long period,”.
The Indian Coast Guard stated that while it was accepted procedure to report piracy events or suspicious activities immediately to Maritime Rescue Coordination Centre (MRCC), the Enrica Lexie continued sailing for 70 km on its route to Egypt without reporting the incident. The ship reported the shooting only when contacted by the Coast Guard about two and a half hours after the incident, upon which they were asked to proceed to Kochi.
Vice-Admiral K.N. Sushil, Flag Officer Commanding-in-Chief of the Southern Naval Command and Commander-in-Chief (Coastal Defence) of the Southern Zone, opined that the crew and armed guards of Enrica Lexie had failed to fully implement IMO circular MSC.1/Circ.1334 (23 June 2009) and procedures issued through IMO BMP4 while transiting high risk areas :
- "If they thought they were being chased by a pirate vessel, they should have carried out evasive manoeuvres to alter the course of the ship, as enunciated by the guidelines. If the skiff was still after them, they would've fired a few warning shots well above the bow of the pirate vessel to deter it. Unfortunately, they do not seem to have done any of this. The Italians are claiming that this was a successful anti-piracy operation, but it is crystal clear that the fishermen were unarmed and were not attempting to come alongside the tanker to board it. As the tanker crew claims to have been fired upon, I sent INS Kabra to ascertain if there were bullet marks on it. It went around the ship to find that there was none. I've also asked my men to verify the tanker's logbook to account for the number of rounds fired by the guards. This is to see if they had fired any warning shot at all. What are you talking about the fishing vessel giving you a chase when the maximum speed it can attain is just about eight knots?"
In the 11 May 2012 military investigation report, compiled by a team of Italian military investigators sent to India to probe the Enrica Lexie shooting, Rear Admiral Alessandro Piroli provides a detailed chronology of events on board the Enrica Lexie. The report also highlights serious anomalies in the behaviour of the captain of the tanker through his non-compliance with the procedures provided in case of suspected pirate attack. The report acknowledged that the fishing boat had navigational right of way and that the tanker should have manoeuvred out of the collision course as soon as the fishing vessel was spotted on radar. Rear Admiral Alessandro Piroli also pointed out the striking similarities between photos of the fishing boat taken from on board the Enrica Lexie with other photos available in the news media and those taken during the forensic examination of the St. Antony fishing boat. The report clearly states that the bullets in bodies of the two Indian fishermen were manufactured in Italy and shot from the barrels of guns assigned to two soldiers on-board Enrica Lexie : First Corporal Andronico Massino and Sergeant Vogilano Renato.
In June 2013, Italian media reports have revealed that the 4 other marines were not in the citadel of the Enrica Lexie after the general alarm was sounded and speculated that the two marines held in India might have taken responsibility for the shootings while the real shooters might also include other members of the VPD team who disappeared from public view as soon as they returned to Italy.
The MV Enrica Lexie was travelling from Singapore to Egypt with a crew of 34 including 19 Indians and accompanied by six Italian navy marines, while the fishing trawler named St. Antony had left Neendakara in Kerala with a crew of 11 to fish for tuna in traditional Indian fishing grounds within the Laccadive Sea.
The reconstruction of events on board the Enrica Lexie by investigators was hampered by the failure to archive data from the ship's voyage data recorder (VDR) by the crew of the Enrica Lexie.
According to the Indian Coast Guard, Indian government sources and the crew of the fishing boat Saint Antony, the incident occurred at approximately 16:30 IST (11:00 UTC) on 15 February 2012, when the fishing boat was returning from a fishing expedition and happened within the Indian Contiguous Zone around 20.5 nautical miles off the coast of Kerala.
The Indian Directorate General of Shipping stated: "It has been reported to this Directorate that the Italian flagged MV Enrica Lexie, resorted to firing on an Indian fishing vessel in position 09 20N 075 52E (heading 345 speed 14 kts) at 1700 Hrs on 15th February 2012. The vessel MV Enrica Lexie is carrying six Italian armed guards. The firing has reportedly resulted in the death of two Indian fishermen. The vessel was bound from Singapore to Egypt with a crew of 19 Indians. The Coast Guard intercepted the vessel before it crossed the Lakshadweep archipelago and escorted her to Kochi for investigation. The vessel has anchored at Kochi on 15th February 2012 at 2300hrs (IST). The Principal Officer, MMD Kochi has been directed to conduct the preliminary inquiry into this incident resulting in the loss of life of two innocent Indian fishermen".
India's maritime guidelines, in accordance with Section 2(28) of the Indian Customs Act, Notification No. SO 67/E (1981) of the Government of India and Article 33 of UNCLOS, requires commercial merchant vessels with PCASPs and VPDs to obtain a Pre-Arrival Notification for Security (PANS) clearance prior to entrance and transit through either the Indian Economic Exclusive Zone (EEZ) or the Indian Search and Rescue Region (ISRR). The MT Enrica Lexie had entered "Indian Customs Waters" without informing Indian authorities about the presence of military VPD personnel and weapons on board the privately owned merchant vessel. Indian customs waters are defined as the waters extending into the sea up to the limit of contiguous zone of India under section 5 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976).
The captain and owner of the St. Antony, Freddie Louis, said that their boat was returning from their fishing expedition and was waiting for the tanker to pass when the security men on board the tanker fired at the boat “without provocation”. According to him, the firing lasted for two minutes, killing driver Gelastine immediately and injuring Ajesh Binki; soon after the trawler steered out of the firing range, Binki succumbed to injuries.
Umberto Vitelli, the captain of the Enrica Lexie, in his deposition to Indian investigators expressed surprise at the marines' decision to open fire : "When they (the marines) were standing at starboard with weapons, I never thought that they would start (to) fire,". He went on to add that it was only after he heard gunshots that he increased to full speed, sounded the foghorn and the general alarm. In his statement to Kerala police, James Mandley Samson, chief officer of the Enrica Lexie said : "I took binoculars ... I couldn't see any person with weapons in the boat,"
Italian news agencies quoted Vice-Captain Charles Noviello as saying : "I'm sure the boat that came close was not the St.Antony. They do not match some details of the vessel I have seen and what I have been shown in the picture of the officials of the Indian Merchant Navy." In a telephone interview with Agenzia Nazionale Stampa Associata (ANSA), he added "I remember the cabin, where there was the helm, was of a different color from what I saw later in the picture." Noviello, who was present at the time when Massimiliano Latorre and Salvatore Girone opened fire, added : "none of the people on the boat fell to the ground(...) the boat was 40-50 meters from the tanker (...) I saw that there were 5 or 6 people on board, but I'm not sure if it was more."  
- "The master of the vessel increased the speed of the ship to 14 knots (about 28 km/per hour) and reduced the speed to 13 knots once the piracy attack was averted. The master also activated the Ship Security Alert System (SSAS) which sent out signals to the Italian Maritime Rescue and Coordination Centre (MRCC). The master also reported the incident on the mercury chart which links together and transfers information to the community including several navies across the world fighting piracy, including to the Indian Navy headquarters. The 'Military Report' was also done. A report was sent to MSCHOA at UK. Since the attempted attack was averted, the vessel continued on its scheduled course of journey."
However, no documentary evidence to support the statement was submitted along with the affidavit to the Kerala High Court and therefore resulted in Justice P.S. Gopinathan rejecting the withdrawal of the FIR by observing:
- "It is pertinent to note that no record was produced to show that the marines, before shooting down the fishermen, had even intimated any piracy threat to the Captain of the ship or that the Captain had recorded the same. Also there is no document in support of the plea that the Master had activated the Ship Alert Security System or that any signal was sent to the MRCC, Mercury chart or to any of the Navies across the world."
Indian Coast Guard interception
Court documents submitted by the Government of India on behalf of the Indian Coast Guard and Indian Police chronologically list the actions that were taken after the fishing boat reported the incident to the coastal police at Neendakara in Kollam district. The Indian Coast Guard launched search operations with a Dornier Do 228 maritime surveillance aircraft from Coast Guard Air Enclave (CGAE) Kochi and by deploying two Offshore Patrol Vessels ICGS Samar and ICGS Lakshmi Bai to intercept the Enrica Lexie. Indian Coast Guard operations were directed from District Headquarters DHQ-4 (Kerala) at Kochi with assistance from DHQ-12 (Lakshadweep & Minicoy) at Kavaratti.
After the incident, the Enrica Lexie continued sailing for almost three hours and covered a distance of 39 NM from the original position. It was also stated that the vessel had not immediately reported the incident to the IMB piracy reporting centre, which is the mandatory procedure. Only after interception in the area east of Kalpeni & Minicoy islands in the Lakshadweep archipelago and being forced to proceed to Kochi port by the Indian Coast Guard did the vessel send an e-mail reporting the incident to her owner at approximately 19:17 IST.
The Italian ambassador to India stated that he wanted to underline that the Enrica Lexie had voluntarily proceeded to the port of Kochi.
The Government of India defines "Indian customs waters" as the "waters extending into the sea up to the limit of contiguous zone of India under section 5 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976) and includes any bay, gulf, harbour, creek or tidal river;". The exercise of prescriptive jurisdiction within the Indian contiguous zone under Section 2(28) of the Indian Customs Act allows Indian customs authorities to arrest people (104), stop and inspect any ship (106), and open fire if a ship fails to stop (115(1)(c).
The Rules of Engagement followed by Indian Coast Guard and Indian Navy when investigating suspect ships within the Indian EEZ starts with the examination of paperwork of the vessel, cargo and crew/passengers. In the event where a vessel flees or does not cooperate, she may be pursued and brought to by force, if necessary. A graduated increase in force is to be used till the vessel surrenders. The Italian captain and owners of the Enrica Lexie were instructed to head for Kochi port. Although the Enrica Lexie was in contact with the Italian Navy Maestrale-class frigate "Grecale" (F571), the location of the incident : within the Laccadive Sea between India's Lakshadweep archipelago and the Malabar Coast of Kerala on the Indian peninsula; made intervention by Italian Navy an impractical if not impossible option. Indian military footprint maintained in the immediate vicinity of the incident zone includes capability to restrict or interdict passage through the Nine Degree Channel.
Italian Foreign Minister Giulio Terzi, in an open letter to Italian newspaper Eco di Bergamo, alleged that "the entering of the Enrica Lexie into Indian waters has been the result of a subterfuge by the local police, who required the ship master to head for the port of Kochi in order to contribute to the identification of some suspected pirates.". Terzi also tweeted: "In no case should the ship have entered Indian waters (...) The polemics on responsibility I leave to others."
On 30 March 2013, Indian foreign minister Salman Khurshid categorically rejected the claims of subterfuge made by former Italian Foreign Minister Giulio Terzi and Deputy Foreign Minister Staffan de Mistura, that the Italian ship Enrica Lexie had been lured into Indian territorial waters by deception. He indicated that the Italian government has never substantiated the claims of subterfuge with evidence. Kurshid appealed to Italian media to refrain from abetting controversies.
Arrest and detention of Italian marines
Kerala Police delayed boarding the Enrica Lexie immediately after the ship arrived at Kochi in order to complete diplomatic and legal formalities. Kerala Police, accompanied by Italian diplomats and investigators, boarded the Enrica Lexie after it was brought to quay at Kochi port on 19 February 2012, more than 79 hours after the shooting incident.
The arrested Italian marines were first remanded to police custody in a CISF guest-house and thereafter to judicial custody at the Kochi Police Club. The marines met with Italian consular and diplomats on an almost daily basis. Commenting on the conditions in which the two Italian marines were being held, Italian Deputy Foreign Minister Staffan De Mistura has said that his country was satisfied with the manner in which the two marines were treated by the police. “That's the way we too would have treated any serving military personnel from India had they been arrested in Italy for some reason”.
The bodies of the two fishermen, Gelastine (45) and Ajesh Binki (25), were brought to Neendakara harbour late on the night of 15 February 2012 and were taken to the Medical College Hospital, Thiruvananthapuram, for post mortem. Subsequently, Gelastine's body was taken to Kollam and buried on the morning of 17 February, while the body of Ajesh Binki, was taken to Erayammanthurai in Tamil Nadu's Kanyakumari district for burial.
On 27 February, Freddy J, the owner of the fishing boat, St. Antony, filed a petition in Kerala High Court seeking 7,200,000 rupees (USD $145,000) for damage that the boat suffered and losses incurred as a result of shooting. Indian authorities have retained the St. Antony fishing boat as judicial evidence.
Indian government compensations
The Kerala government announced a solatium of 500,000 Indian rupees (€7.500) to the families of each of the victims, while the Tamil Nadu government announced a solatium of 500,000 rupees (€7.500) to the family of Ajesh Binki.
On 21 February, the cabinet of the state government of Kerala, decided to give a government job to Dora, the widow of fisherman Gelastine. On the same day, the family of fisherman Gelastine filed a petition in Kerala High Court seeking 10,000,000 rupees (USD $200,000) in monetary relief from the Italian shipping company that owned the ship Erica Lexie, an amount they consider necessary for Gelastine children's education and future requirements. On 23 February, two sisters of fisherman Ajesh Binki also filed a petition in Kerala High court seeking monetary relief of 20,000,000 (USD $400,000).
Italian government settlements
On 24 April, the Italian government concluded an out-of-court settlement in exchange of the relatives of the fishermen waiving their criminal liability claims. Italy paid 10,000,000 rupees (€150,000) to each of the victims' families. A “without-prejudice offer” was made to the legal heirs in the form of a one-time full and final ex-gratia payment of Rs. 1 crore so as to enable the legal heirs of the victims to rebuild their lives. The “without-prejudice offer” did not fasten on the Italian government (...) any liability whatsoever on account of the unfortunate and untimely demise of the fishermen.
On 30 April, the Supreme Court of India raised objections to the manner in which the Italian government struck the deal with the relatives. Justices RM Lodha and HL Gokhale questioned the Kerala government as to why it did not oppose the compromise reached between the families of the deceased fishermen and the Italian Government and vessel’s owners by stating that “This is a challenge to the Indian judicial system, this is impermissible. It is most unfortunate.” Kerala government counsel Gopal Subramanium said the State was not party to the settlement which was against public policy as reflected in the mandate of Section 23 of the Evidence Act.
On 2 May, Italy clarified to the Supreme Court of India that the “without-prejudice offer” was not a monetary compensation: "the settlements have been made by the Republic of Italy to the claimants-plaintiffs not by way of compensation in the proceedings initiated by them but by way of goodwill and gesture" adding that "the settlements arrived at between the Republic of Italy and claimants-plaintiffs could be set aside by this Court in exercise of its powers under Article 142 of the Constitution of India"
Study scholarship offered to orphans of victims by mayor of Taranto
Taranto's mayor, Ippazio Stefano, wrote in a letter to India's Prime Minister Manmohan Singh : "I must express my profound regret for what has happened and do not hesitate to reaffirm by personal regard - and that of the city I represent - for the Indian people. Our whole city is ready to welcome the unfortunate children of the fishermen to study here."
Whilst the Kerala State Police is the principal agency tasked by the courts with the investigative process, other specialized agencies such as the Central Forensic Science Laboratory, Indian Coast Guard, Indian Navy, Indian Customs & Central Excise department, Central Industrial Security Force, Indian Mercantile Marine Department (MMD) and Trivandrum Medical College Hospital have assisted the police investigators with technical and logistical support.
Based on postmortem carried out on 16 February 2012, Kerala police registered a case of murder against the armed guards of the Enrica Lexie. The pathologist's autopsy revealed that bullets of 5.56mm NATO bore were used for the killing of the two fishermen. A trail of 15 bullets was found on the fishing boat, while one bullet each was found in the two dead bodies.
Given the diplomatic issues and international media coverage, the Kerala Police formed a high level Special Investigative Team on 21 February to probe into the incident.
On 24 February, the Indian Coast Guard released its report into the incident. As per the report, the ship Enrica Lexie did not have a Graduated Response Plan against piracy and violated Alert Embankment Guidelines issued by the International Maritime Organisation.
On 2 March, Indian Mercantile Marine Department (MMD) investigators examining the ship documents and instrumentation data from the Enrica Lexie announced that the civilian merchant marine crew had violated maritime laws by failing to archive data from the ship's voyage data recorder (VDR). According to the International Maritime Organization's SOLAS requirements, every vessel has to maintain VDR data. The VDR, which is equivalent to the black box in an aircraft, is supposed to record conversations in the captain's cabin, the vessel's position and happenings on board every 12 hours, after which it overwrites the data with fresh details unless archived manually. If there is an important event on board or in the vicinity, the VDR data is required to be archived by the captain of the ship. International maritime rules insist that VDR data should be locked by the captain at the time of the incident and surrendered before the investigation officials immediately after berthing the vessel at the nearest port, in this case in Kochi on 17 February. Marine investigators use VDR data to identify command responsibility aboard seagoing vessels.
On 1 April 2013, the Indian government issued a notification giving the National Investigation Agency (NIA) charge of conducting investigation into the Italian marines case. The NIA, India's federal anti-terrorism agency, can access classified information such as satellite imagery, maritime radar tracings, sonar recordings and radio intercepts to reconstruct the chronology of events leading to the death of the two Indian fishermen. The NIA can also conduct hearings of officials from civilian and defense establishments in India. The NIA obtained court permission to obtain depositions from witnesses who were on board the Enrica Lexie when the shooting incident occurred: Master of the ship Vitelli Umberto, Master SN of the ship Noviello Carlo, Chief Officer of the ship James Mandley Samson, Second Officer Sahil Gupta, able-bodied seaman Fulbari and ordinary seaman Tirumal Rao; in addition to the other four marines: Sergeant Vogilano Renato, First Corporal Andronico Massino, Third Corporal Fontano Antonio, Corporal Conte Alessandro.
On 4 April 2013, the National Investigation Agency (NIA) filed a FIR against the two Italian marines for allegedly killing two fishermen off the coast of Kerala. The NIA has charged the marines under IPC sections 302 (murder), 307 (attempt to murder), 427 (mischief) along with section 34 (common intent) in addition to booking them under the Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002.
In June 2013, the Italian Foreign Ministry indicated that Italy was unwilling to abide by an earlier commitment to produce the four marines for questioning in India by the NIA.
On 17 September 2013, media reports stated that the NIA probe into the shooting incident had ground to a stand-still because of Italy's decision not to produce four key witnesses. Indian authorities repeatedly appealed to Italy to cooperate with the Indian judicial process so as to rapidly bring the case to trial.
In October 2013, India's law ministry opined that the Code of Criminal Procedure (CrPC) has no provisions for its application outside India. The Italian government's refusal to allow the NIA to interview and cross-examine four marines in India has effectively halted any further progress in the case.
On 26 February 2012, a five-member team of Italian naval officials examined the fishing boat Saint Antony berthed at Neendakara fishing harbour. The Italian team consisted of Major General Paolo Romano, Admiral Alessandro Piroli, Major Luca Flebus, Major Paolo Fratini and Commander Geam Paul.
Italian Prosecutor Elisabetta Ceniccola opened an investigation for criminal negligence against Massimiliano Latorre and Salvatore Girone of the San Marco Regiment attached to the Military Protection Department in accordance with Article 575 (homicide) of the Italian penal code." Italian Deputy Foreign Minister Staffan De Mistura described the killing of the fishermen as accidental but insisted that Indian courts did not have jurisdiction over the incident. He added: "Whatever be the judicial verdict in India, the marines would be tried for murder in Italy".
On 10 May, prosecutors Cennicola and her colleague Francesco Scavo interviewed the other four marines after they had arrived back from India. Sergeant Vogilano Renato, First Corporal Andronico Massino, Third Corporal Fontano Antonio and Corporal Conte Alessandro reportedly replied they didn't witness the shooting. The actual interrogations, the computer of the military team and digital photographs remain classified.
On 3 January 2013, when Massimilano Latorre and Salvatore Girone were in Italy for a Christmas leave conceded by Indian court, and just before they had to go back to Kerala, Prosecutor Cennicola and her colleague Giancarlo Capaldo interviewed them for 5 hours. Mr. Capaldo also stated to press that the international rogatory letter they had sent to their Indian counterparts has not yielded any results yet: no documentary material about investigation carried out in India had arrived to Rome so far.
On 20 March 2013, the two marines were summoned by a military tribunal in Rome when they returned for a second time to Italy to vote in the Italian general elections. Military Prosecutor Marco De Paolis has been tasked with deciding whether the marines should be charged in Italy or whether the case against them should be discarded.
Alessandro Piroli 2012 military investigation report
On 6 April 2013, a military investigation report of the Enrica Lexie shooting was leaked to the media in Italy. The report compiled by Rear Admiral Alessandro Piroli contains facts-based opinions of the five-member team of Italian military investigation officials who arrived in India immediately after the Enrica Lexie shooting incident. The Italian team composed of Major General Paolo Romano, Admiral Alessandro Piroli, Major Luca Flebus, Major Paolo Fratini and Commander Geam Paul, reported their findings to the military tribunal in Rome. The Alessandro Piroli investigative dossier was formally remitted to the Italian government on 11 May 2012.
Appearing in In Onda programme aired on Italian television channel La 7, the former Italian Foreign Minister Giulio Terzi acknowledged the existence of the Alessandro Piroli investigative dossier adding that he "did not know in detail the report" but conceded that "We knew that there was a high probability, but not absolute certainty, that the guns used in the murder belonged to soldiers on Enrica Lexie." 
Italian media questioned the intentions of the Mario Monti Government in keeping the report secret and expressed surprise that salient facts uncovered by the military investigators have been shielded from public scrutiny. The Italian Government was severely criticized for allowing controversies to pollute the general public's understanding of the happenings on board the ENRICA LEXIE oil tanker despite the findings of the Rear Admiral Alessandro Piroli's report about the time & location of the incident as well as the chronology of events and the Italian military opinion on the ballistic & forensic examination of the weapons and ammunition which were involved in the incident. The leaked portions of the Alessandro Piroli report have already set to rest numerous speculative controversies that have surrounded the shooting incident involving the VPD team of the Enrica Lexie.
The investigation summary of the report, written in Italian, includes several details of the incident.
Depositions obtained from the Enrica Lexie crew and VPD team
- "The radar sighting takes place at 11.55 CET (now 16.25 IST), just 2.8 nautical miles from the merchant, which until now had not visually noticed anything. The crew estimated that the boat is on a collision course with the tanker. When the vessel is 800 meters from Enrica Lexie, Latorre and Girone begin the first light signals, strive to make sure warning lights visible from the outside and show an obvious arms above their head. The fishing boat does not change course and proceeds straight towards Enrica Lexie. Reaching 500 meters."
- "These facts made the crew on board of Enrica Lexie consider the behaviour of the boat as a threat."
- "The ship's captain activates the general alarm, which are also combined sound fog signals (sirens), alerts the crew via intercom that it is a pirate attack. At this point that Latorre and Girone shoot the first two bursts of warning in the water. The boat is approaching again. The suspicion of pirates becomes even more real when the two vessels are 300 meters apart and continues approach. At this point the group optically identifies through binoculars the presence of armed men on board the fishing boat. In particular, find that at least two of the crew members have a long-barrelled weapon carried over the shoulder with a posture clearly aimed to conduct a boarding of the ship. Latorre performs the third volley of warning in water, consisting of four bullets"
- "The vessel does not seem to change course. Instead continues to approach until a distance of 100 meters, pointing to the center of the vessel. At that point the two sailors shot the last burst once again into the sea (not the fishermen-pirates), with only 50 meters separating the oil tanker from St. Antony. Then finally the fishing boat (St. Antony) pulls offshore."
- "crew had received a call from the Indian Coast Guard, on the Inmarsat satellite phone, asking the Enrica Lexie to head to port to identify two boats responding to description of pirate boat."
Opinion of military investigators
- "Comparing photos of the suspect vessel taken from on-board Enrica Lexie and those of the fishing boat St. Antony, you can observe a substantial coherence between the descriptions of the vessel involved in the event with Enrica Lexie and St. Antony, in terms of boat type, size and color.
- "A comparison of the photographs recorded during the event on February 15, with those taken during the survey of St. Antony on 26 February highlights a substantial compatibility between the photos analyzed."
- "The fishing boat came from the starboard side of Enrica Lexie, and therefore had the (navigational) right of way."
- "Despite having the (navigational) right of way, a small boat easy to steer remains on a collision course with an oil tanker up to less than 100 meters, exposing themselves to huge risks for navigation."
- "The commander of Enrica Lexie has put in place only a part of passive defense measures recommended (in IMO Best Management Practices) to avoid the attack of pirates. It is limited to increase speed (one knot) without any manoeuvres to change course heading and approach. He pressed whistles and sirens only in the terminal phase of action."
- "Procedures require instead that the tanker ship immediately change course quickly and continue with evasive manoeuvres to counter a possible course of attack or the risk of a collision."
- "One could anticipate the use of sirens on board and make use of high-pressure water jets. Also it would be appropriate to pursue a radio contact with the fishing vessel on VHF emergency channel (channel 16) at least to resolve doubts about the bearings or on the routes followed by the two units."
- "stringent coordination between the ship captain and the Nuclei Militari di Protezione (NPM) VPD team should have resulted in joint management of the event and the identification of best solutions to be implemented."
- "Ultimately the ship with its own resources could apply improved forms of coordination and support action to combat piracy."
- There are no details about the type of weapons that the group identified nor about what "posture aimed at making the collision."
- "analyzed four bullets, two found on the fishing boat and two bodies of the victims (...) showed that the ammunition is of caliber 5.56 mm NATO made in Italy. The tracer extracted from the body of Valentine Jelestine were fired from the rifle with serial number assigned to First Corporal Andronico Massino. The bullet extracted from the body of Ajiesh Pink were fired from the rifle with serial number assigned to Sergeant Vogilano Renato."
Documents available in the public domain directly sourced from Governmental websites relating to the MV Enrica Lexie incident .
Kerala High Court
- 29TH DAY OF MARCH 2012, JUSTICE P.S.GOPINATH KERALA HIGH COURT JUDGMENT WP(C) No.6083 OF 2012(I) 
- 3rd day of April 2012, Manjula Chellur, Ag. C.J. & V. Chitambaresh, JJ. KERALA HIGH COURT JUDGMENT W.A. No. 678 & 679 of 2012 - Doramma Vs. M.T. Enrica Lexie, (2) KLJ 398 : 2012 (2) KHC 265 
- 2nd day of May 2012, Justice R.M. LODHA M.T. Civil Appeal No. 4167 of 2012 arising out of S.L.P. (Civil) No. 11942 of 2012 Enrica Lexie & ANR. Vs. Doramma & Ors. 
- 29TH DAY OF MAY 2012 JUSTICE. P.S.GOPINATHAN, KERALA HIGH COURT JUDGMENT WP(C).No. 4542 of 2012 (P) - Massimilano Latorre Vs. Union of India (2012) 252 KLR 794 
Indian Supreme Court
- January 18, 2013 IN SUPREME COURT OF INDIA, RECORD OF PROCEEDINGS, WRIT PETITION (CIVIL) NO(s). 135 OF 2012 : REPUBLIC OF ITALY THROUGH AMBASSADOR & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. WITH SLP(C) NO. 20370 of 2012   (Supreme Court judgement that State of Kerala as a Unit of the Federal Union of India does not have jurisdiction to try the case)
- February 22, 2013 IN THE SUPREME COURT OF INDIA, CIVIL APPELLATE JURISDICTION IA 4 OF 2013 IN SPECIAL LEAVE PETITION (C)NO. 20370 OF 2012 MASSIMILANO LATORRE AND ORS. Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s)  (Order of Supreme Court of India which had allowed the Italian Marines to go back and had required them to return)
- March 3, 2013 IN THE SUPREME COURT OF INDIA, CIVIL APPELLATE JURISDICTION IA 4 OF 2013 IN SPECIAL LEAVE PETITION (C)NO. 20370 OF 2012 MASSIMILANO LATORRE AND ORS. Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (From the judgement and order dated 29/05/2012 in WPC No.4542/2012 of The HIGH COURT OF KERALA AT ERNAKULAM) (Copy of Supreme Court’s order restraining Italian Ambassdor from leaving India. )
- 22 March 2013 Statement in Lok Sabha (lower house of the Indian Parliament) by External Affairs Minister on return of two Italian marines to India 
- 25 April 2013 Statement in Rajya Sabha (upper house of the Indian Parliament) stating that no agreement has been entered into with the Italian Government regarding the Italian marines 
- 8 May 2013 Question tabled in Lok Sabha regarding agreement with Italy 
Indian External Affairs Ministry
- 27 February 2013 Status of case regarding the killing of fishermen by Italian Marines 
- 12 March 2013 Media statement & press release by Foreign Secretary on Italians Marines’ Issue  
- 13 August 2013 Media briefing on Italians Marines’ Issue 
- 21 August 2013 Media briefing regarding summons to 4 marines who were witnesses 
The Laccadive Sea region comes under the jurisdiction of the Kerala High Court and Indian Supreme Court depending upon the nature and location of the crime-scene.
Following their arrest on 19 February 2012 on board the Enrica Lexie and after completing formalities in Kochi, the two Italian Marines were produced at the residence of the District Court Judicial Magistrate at Karunagapally for Kollam district. The Judicial Magistrate remanded the two marines to three day police custody over charges of murder under section 302 of Indian Penal Code. the marines were taken to nearby Kollam town by the local investigating team and produced in a Sessions Court. The Sessions Court directed the two marines to be held in a CISF guest-house instead of a regular detention center.
On 21 February, the Italian Marines filed a plea in Kerala High Court to quash the charges against them. On the same day, Judicial magistrate Dony Thomas issued the order on a petition filed by SP Daniel Christie to enable the investigators to enter the ship, anchored off the port of Kochi, and seize the murder weapons. Separately, the judge who originally remanded the two Italian Marines to police custody, extended their police custody to eleven days. The shipping company also filed a plea to get the ship released
On 22 February, the Kerala High Court ruled that the ship Enrica Lexie could not leave without a clearance from investigative agencies and only after paying 2,500,000 rupees (USD $ 50,000) as a guarantee against civil lawsuits pending against the shipping company.
On 23 February, the Kerala High Court admitted the petition filed by the Italian Consul General in Mumbai and the two accused Marines to stay all further proceedings in the case against the two marines. The petition submitted that Kerala Police had no authority to conduct investigation in the case and that courts in India had no jurisdiction as the incident had occurred beyond Indian territorial waters. In response, the court granted one week's time to Kerala state and Central government in Delhi to file counter affidavits. On the same day, the Sessions Court in Kollam, extended by another week the police custody of the two Italian Marines charged with shooting death of two fishermen. The Kerala High Court also advised the Italian government and its two navy marines to cooperate with the ongoing investigation in response to the petition filed on 21 February seeking a stay on proceeding and quashing of the FIR.
On 27 February, in the civil case against the owners of the Enrica Lexie, the Kerala High Court asked whether the owners and the families of two fishermen would be willing to go for an out-of-court settlement in determining the amount of compensation in the Civil case. In the criminal case, counsel for the petitioners Advocate Suhail Dutt, a Supreme Court lawyer, submitted that an investigation had already been launched against the two accused in Rome. The Kerala High Court asked Italy to file a statement on the inquiry initiated against two of its navy personnel for the killing of two fishermen and to produce the terms and conditions for deploying Italian military personnel on board Italian merchant marine ships. The Coast Guard submitted before Kerala High Court that the two marines fired 20 rounds at the fishing boat. The state government also submitted that the arrested Italians had refused to wear the civil dress instead of their Italian naval uniform while presenting themselves before the courts.
On 28 February, the Italian government filed a petition in the Sessions Court at Kollam seeking representation during forensic examinations of weapons recovered from the ship Enrica Lexie. The Coast Guard filed a statement in the Kerala High Court pointing out that when the 15 February incident took place, the ship was at 20.5 nautical miles from the Kerala coast, which is known as the “Contiguous zone”. It also said that the St. Antony boat was 100 meters away from the Italian ship, to which it was never a threat. In the civil case against Enrica Lexie, the Kerala High Court directed the owners of the Italian-registered oil tanker the Enrica Lexie to furnish a bank guarantee of 30,000,000 rupees. The Kollam Sessions Court rejected a plea by Italian Government representatives to allow their forensic experts to be present during the examination of the weapons seized from the Italian cargo ship Enrica Lexie. However, the judge allowed Italian forensic experts to be present during unsealing of the weapon boxes and the test firing of the guns by Indian ballistic experts.
On 29 February, the Kerala High Court dismissed an appeal filed by Freddy, the owner of the fishing boat involved in the firing incident, seeking an enhancement of the bank guarantee to be furnished towards the compensation claims. In the criminal case, the High Court expressed displeasure regarding "serious defects" in the petition that was filed by Italian Consul-General on 23 February and said it will look at the petition only after these errors have been corrected. The Sessions Court in Kollam extended police custody of the two Marines until 5 March.
On 1 March, the Sessions Court at Kollam ruled that two Italian officials could be present only as "silent spectators" during the forensic examination of weapons and should not interfere in it, verify the results or reveal it.
On 2 March, taking up the revised petition filed by the Italian Consul-General, the court asked the Italian authorities whether there was any understanding between India and Italy regarding the binding nature of its judgment and whether the Italian side would abide by the court order on the petition. The lawyer for the Italian side responded that the government of Italy was ready to give in writing that they would abide by the court order.
On 4 March, the two Italian guards were remanded to judicial custody for fourteen days by the Sessions Court in Kollam and sent to the Central Prison at Thiruvananthapuram. The court turned down their plea that they should be given all privileges in prison enjoyed by military officials by saying that there was no such provision in Indian law. The court, however, directed the prison authorities not to lodge them along with other prisoners and to provide them medical facilities, Italian food, and visitation rights for one hour each day.
On 18 May, after examining 60 witnesses Kerala police filed a 196-page charge-sheet, including forty-six material objects and 126 document annexes, before the Chief Judicial Magistrate in Kollam (Kerala) accusing the two detained Italian Marines (Massimiliano Latorre and Salvatore Girone) of murder under IPC and also invoking International Maritime Law. Charges were filed under IPC sections 307 (attempt to murder), 427 (causing damage or loss) and 34 (acting in common intention). Article 3 of the Suppression of Unlawful Act of International Maritime Navigation was also invoked in connection with the incident. The charge sheet included exhibits seized from the Enrica Lexie, notably the Voyage Data Recorder (VDR), six Beretta guns, two mini-light machine guns, 1690 bullets and the deck-log of the ship and GPS.
On 2 June, the two Italian marines were released after 105 days in judicial custody under strict bail conditions and assurances from the Italian Government that they would remain in India. The bail conditions set by the Kerala High Court included a bond of Rs. 1 crore each with two Indian solvent sureties for a like amount. The marines had to stay within a 10 km radius of the Kochi Police Commissioner's office and appear before the Commissioner on all days between 10:00 and 11:00 and as and when required. In a statement released by Italy's Prime Minister Mario Monti, he expressed “great satisfaction” over the release on bail of the two marines.
On 4 September, the Indian Supreme court heard a petition filed on behalf of the Italian Marines seeking to quash court proceedings in Kerala on the basis that the two soldiers were armed forces personnel of a foreign country in active duty and therefore enjoy sovereign functional immunity. The Supreme Court reserved its verdict.
Speaking to the media at Kochi on 15 December, Italian defense minister Giampaolo di Paola acknowledged that Italy respects the judicial process underway with the Supreme Court of India. "We respect and I do respect Supreme Court of India. We are confident that the case will be solved according to national laws, international justice". He also urged the Kerala High Court to allow the Italian Marines celebrate Christmas in Italy albeit in the face of opposition from the local fishing community and the Government of the State of Kerala.
On 20 December, the Kerala High Court agreed to temporarily relax bail conditions for both Italian Marines by allowing them to travel to Italy for 2 weeks during the Christmas vacation period. Italy was required to pay a further bond of Rs. 6 crore (more than 800 thousand Euro) and keep the Marines under surveillance at all times. The Italian Government submitted guarantees to the High Court prior to taking custody of the Marines and was responsible for their return and surrender of passports to the Kerala High Court before 15:00 IST on 10 January 2013.
On 4 January 2013, the marines flew back to Kochi airport, "keeping their words of Italians and trusting in justice". On arrival, they surrendered their passports and appeared in front of the court, which in turn gave directions to release the Rs. 6 crore bail, and for the marines to appear before it on 15 January 2013, then postponed to 18 February.
On 18 January, the Supreme Court of India dismissed the Italian government's plea that India had no jurisdiction over the case. However, it ruled that the state of Kerala did not have authority to adjudicate in the case, since the jurisdiction of the state extended to only 12 nautical miles whereas the incident occurred at 20.5 nautical miles. The Supreme Court in its judgement, also ordered that a special federal court be set up after consultations with the Chief Justice of India, to try the two marines in accordance with Indian maritime laws and UNCLOS 1982. It ruled that the marines be accommodated at a place within the control of the Italian embassy in New Delhi. The marines had to report to the Chanakyapuri police station once a week. The court directed that the passports held by the Kollam trial court be handed over to the Union Home ministry. In addition, the SC observed that sovereignty is not "given" but it is asserted while holding that the Italian marines allegedly involved in the killing of two Indian fishermen off the coast of Kerala can be prosecuted under municipal laws. Justice J Chelameshwaran wrote: "I am of the opinion that sovereignty is not 'given' but it is only asserted. No doubt, under the Maritime Zones Act, Parliament expressly asserted sovereignty of this country over the territorial waters but simultaneously, asserted its authority to determine/alter the limit of the territorial waters"  According to ruling, the Italians' legal team would be allowed to once again raise the conflict of jurisdiction in front of the new special court; should this latter rule in favour of Indian jurisdiction, it will then pass to deal with the incident actual matter.
On 16 April 2013, the Italian government objected to the case investigation being transferred from the Kerala based SIT to the NIA in New Delhi.
On 27 May 2013, all the documents and material objects pertaining to the Enrica Lexie incident were transferred from the custody of the Kollam District and Sessions Court to the Supreme Court of India through the Kerala High Court under police escort.
On 14 June 2013, Italian media cited Staffan De Mistura saying that the Indian Supreme Court wanted the remaining members of the VPD team of the Enrica Lexie to testify before the trial court in New Delhi and file depositions before the NIA. Sergeant Vogilano Renato, First Corporal Andronico Massino, Third Corporal Fontano Antonio and Corporal Conte Alessandro were allowed to return to Italy only after Italy gave a sovereign undertaking to produce them before an Indian court whenever necessary.
On 16 February 2012, the Italian ambassador in Delhi, Giacomo Sanfelice di Monteforte, was summoned to the Indian Ministry of External Affairs and an official protest at the incident was lodged. The next day, the then-Indian External Affairs Minister S M Krishna informed the Italian Foreign Minister in a telephone conversation that the fishermen were unarmed and posed no threat to any ship. The Italian foreign ministry said in a statement that Italy’s ambassador to India and a delegation of experts from Italy’s foreign, defense and justice ministries arrived in Delhi on 19 February 2012 and discussed the case with Indian officials. However, the meeting between the Indian and Italian officials failed to yield agreement.
- "The EU is in contact with Italian and Indian authorities in the hope of finding a satisfactory resolution of this case as soon as possible. The EU has deployed navies to police the coast of Somalia since 2008 and would like the use of armed guards regulated within the International Maritime Organization. This is a much broader issue that needs to be addressed in order to make sure we do not see incidents and problems that we are faced with in this particular case, and that's why we are keen to take this forward."
The filing of a charge sheet for murder against the two accused Italian Marines before the Kollam Chief Judicial Magistrate Court on 18 May 2012 by the Special Investigation Team (SIT) prompted the Italian Government to briefly recall its ambassador to India for consultations.
On 14 December 2012, the Italian foreign ministry summoned the Indian Ambassador to express the Italian Government's "strong disappointment and profound bitterness" that the Indian Supreme Court had reserved its verdict on the question of the court's jurisdiction, which it had heard on 4 September 2012. According to the official spokesperson in the Indian ministry of external affairs, the Indian envoy Debabrata Saha "explained to them that this is a matter which is in the province of our judiciary and we will have to wait for an outcome of judicial action on that".
Italy threatened a diplomatic offensive in order to obtain the release of the Marines. Italian Foreign Minister Giulio Terzi and Deputy Foreign Minister Staffan De Mistura mentioned that legal and political-diplomatic initiatives would be initiated at the international level. Italian media reports claimed that Italy would escalate pressure by taking India to the International Court of Justice in The Hague to settle the dispute if a solution was not found by mid-January 2013.
Provocative press statements released to the Italian media and incessant tweeting on Twitter by the Italian Foreign Minister Giulio Terzi stoked controversies and became a major impediment to finding a quick solution.
On 29 April 2013, the Indian Foreign Minister Salman Kurshid expressed his willingness to work with the new Italian Foreign Minister Emma Bonino. Salman Kurshid also said that court proceedings in India are dependant on the presence of witnesses which Italy is obligated to produce : "The only delay may result from Italian witnesses who are not in India and have to (...) testify, (...) Much will depend on the timing of lawyers (the Italian part) in presenting the witnesses."
Italy's new Foreign Minister Emma Bonino has adopted a non-controversial behind-the-scenes approach to dealing with the case and has repeatedly stated hope that the case of two Italian marines awaiting trial in India for allegedly killing two Indian fishermen would reach a “fair, positive and acceptable solution”.
On 30 May 2013, EU High Representative Baroness Ashton filed a status report on the Italian marines case : "The European Union has systematically been associated with efforts to resolve the unfortunate case of the two marines detained in India. It has refrained from commenting on the legal merits of the case as these are the subject of judicial proceedings.(...) A mutually acceptable solution should be found through dialogue and in respect of international law." 
On 3 July 2013, the Indian External Affairs Ministry spokesperson commented about Italy's refusal to send the witnesses who were summoned to India by the Special Court handling the Enrica Lexie case by stating : "it is always our desire to try and quickly resolve this case which is unique in nature. It is sui generis. We do not want this to impinge on other aspects of our relationship (with Italy). We stand ready to work with Italy to try and facilitate in a manner which is possible under our judicial system so that an outcome which is judicially determined is arrived at at the earliest," and went on to add "As to whether there are some shortcomings or inability of any witnesses to come, I suggest you need to contact those who are in a position to make those witnesses come, and that in this case is the Italian government. After all those witnesses etc., may also be employees of that government and it is easier for them to facilitate that. We can only make those requests."
Following Italy's refusal to abide by an undertaken given to Indian courts to return 4 Italian Navy soldiers to testify as witnesses, Indian officials warned that such a stance by the Italian government was "delaying the trial and jeopardising the future of two of their accused colleagues now lodged here".
Italian Foreign Minister Steffan de Mistura, cited “political tensions” in Italy as the reason for the inability to send the 4 marines to India. “It is an emotional matter in Italy. It will be difficult to explain that not only two marines are here [in India] but the other four will be also sent,” Mistura said on 19 September 2013 after meeting Indian Foreign Minister Salman Khurshid. Indian officials turned to the Law Ministry and the Attorney General for guidance. The case has embittered diplomatic relations between the two countries.
On 23 September 2013, Indian courts ordered the release of the German crew of MV Grietj, a Antigua and Barbuda-flagged heavy lift cargo ship owned by SAL Heavy Lift of Germany, which had caused the death of Indian fishermen after an accidental collision. Indian diplomats pointed out that for the Italian marines on Enrica Lexie the charges were much more serious : “The shooting down of two of our nationals and causing death to an Indian fisherman as a result of a collision are by no stretch of imagination similar,”.
Criminal jurisdiction, Applicable laws & International agreements
On the matter of jurisdiction, whilst Italy will need to show exclusive jurisdiction, India only needs to show that it also has jurisdiction.
The Italian Government opined that the VPD "team Latorre" is protected by functional immunity for their actions and that they can only be tried in the flag-State country (Italy) since the shooting incident occurred in International Waters albeit within India's Contiguous Zone. India refused to accept Italy's claim that the VPD team were discharging sovereign functions for the Republic of Italy at the time of the incident because the armed guards were privately contracted for the protection of commercial interests of Naples-based Dolphin Tankers whose parent company is Fratelli D'Amato.
By invoking Objective Territorial Principle and Passive Nationality Principle, India used extraterritorial provisions of its domestic laws to create a judicial precedent by holding the privately contracted armed maritime guards deployed on a merchant vessel accountable for actions wherein the consequences were felt in the littoral State. The Indian Supreme Court explained that India had extraterritorial jurisdiction to try the case and cited the Maritime Drug Law Enforcement Act, 46 U.S.C. 70501-70507 of United States of America and Art.13 of the Law on the Territorial Sea and the Contiguous Zone of 25 February 1992 of People's Republic of China (PRC) to show settled State practice to claim jurisdiction over the contiguous zone. In France Art.113-6 to 113-12 of the Penal Code asserts general jurisdiction over crimes by, or against, the country's citizens, no matter where they may have occurred.
International Maritime Organisation (IMO)
Lee Adamson, head of the public information services for the International Maritime Organisation (IMO), stated that the IMO could not intervene in the diplomatic row between India and Italy. “Any loss of life at sea is regrettable. However, we are unable to offer you any comment on the circumstances surrounding this incident. It seems, from the facts that have emerged thus far, that this is not something covered by any IMO measure”. IMO guidance to ship owners, operators and masters refer to the use of privately contracted armed security personnel (PCASP) in high-risk areas. The guidance states that a ship’s master or captain will be in command and will retain the overriding authority on board. PCASP should be fully aware that their primary function is the prevention of boarding (by pirates), using the minimal force necessary to do so. Mr Adamson clarified that “The PCASP guidance (to shipowners/operators) adopted by IMO deals with privately contracted armed security personnel (PCASP), not with the presence of government military personnel on board merchant ships,” Adamson added, “IMO does not address the concept of ‘rules of engagement’ as this is a military concept, outside the organization’s remit.” 
The Oil Companies International Marine Forum held at IMO Headquarters in London from 11 May to 20 May 2011 took note that the deployment of government military personnel on board privately owned merchant ships and also referred to as Vessel Protection Detachments (VPD) raises important issues pertaining to jurisdictions of littoral States in the event of an incident.
The IMO had pointedly cautioned ship-owners, in 2011 through Maritime Safety Committee (MSC) circular MSC.1/Circ.1339, that "the use of PCASP should not be considered as an alternative to Best Management Practices (BMP) and other protective measures."
The Intersessional Maritime Security and Piracy Working Group of the Maritime Safety Committee, which met at IMO Headquarters in London from 13 to 15 September 2011, approved a set of Maritime Safety Committee (MSC) circulars which clearly outline the Best Management Practices (BMP) and legal obligations of ships carrying armed guards.
International Maritime Organisation (IMO) Alert Embankment circular MSC.1/Circ.1405/Rev.1 provides guidelines for ships involved in anti-piracy operations and explicitly states : "The Master should report to the appropriate military authorities when a ship intending to transit, or transiting the High Risk Area is carrying PCASP, firearms and security-related equipment on board".
Indian shipping guidelines for private maritime security on merchant vessels
In May 2011, the International Maritime Organization’s (IMO) Maritime Safety Committee (MSC) approved an interim guidance on the use of privately contracted armed security personnel on board ships transiting high-risk piracy areas through MSC.1/ Circ. 1405 &1406 regarding the use of private armed security on board merchant ships.
India's Ministry of Shipping guidelines SR-13020/6/2009-MG(pt.) dated 29/8/2011 officially approved the deployment of armed guards aboard Indian merchant ships to protect them against piracy & armed robbery by laying out a set of guidelines to be followed by both Indian and foreign merchant vessels.
- 7.2 Transit of armed merchant ships through Indian Exclusive Economic Zone (EEZ). Considering that the right of ‘innocent passage’ to merchant ships can not be summarily withdrawn, it is imperative that measures are initiated to ensure due notification about carriage of weapons/ammunition or armed security guards is received from all ships within Indian EEZ and Indian Search and Rescue Region (ISRR).
- 7.3 All Indian vessels when visiting Indian ports shall provide the following information tothe jurisdictional port authority, customs and regional coast guard authority and Indian Navy, 96 hours prior to their arrival, with their Pre Arrival Notification for Security (PANS);.1 Names, addresses and details of identification cards and passports of the security personnel..2 Number and details (Make, Model, bore, calibre, serial number etc.) of firearms and ammunition..3 Details of license issued or accepted by the jurisdictional national administration where the PMSC is registered.
- 7.6.1 All merchant vessels (both Indian and Foreign) transiting through Indian EEZ and carrying armed guards are required to provide the information contained under para 7.3 to the Coast Guard and Indian Navy.
Indian response to IMO's questionnaire on PCASP and VPD
India submitted an official response to the IMO's "Questionnaire on information on port and coastal State requirements related to privately contracted armed security personnel on board ships" (MSC-FAL.1/Circ.2) and specifically highlighted the responsibilities of PCASPs and VPDs in the event of a security-related incident within the Indian EEZ :
- Question 3.1 : Reporting of security-related incidents in territorial seas. What do you consider to constitute a security incident in you territorial sea(s)?
- Answer 3.1 : Any incident where a PCASP or VPD has encountered pirates or has mistaken a fishing boat to be a pirate skiff and has used force in this context, within Indian Exclusive Economic Zone (EEZ).
- Question 3.2 : Do you require information regarding security-related incidents occurring in your territorial sea(s)?
- Answer 3.2 : YES, Details of information required to be sent to Indian Navy & Indian Coast Guard are as per Annex 1.
World Customs Organization (WCO)
At the Council Sessions in June 2011 the Observer for the International Maritime Organization (IMO) raised the issue of the increasing threat to the maritime part of the supply chain of piracy and armed robbery, particularly off the coast of Somalia. Taking into consideration the complex legal issues raised by the intention of a number of States to use privately contracted armed security personnel (PCASP) on board commercial vessels, the IMO requested the Customs community to provide details of Customs-related aspects of the carriage, embarkation and disembarkation of firearms and security equipment.
The IMO’s Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA) was passed in 1988 with the goal of suppressing international terrorism. The Convention seeks to achieve its aim by proscribing acts, not classes of people. Article 3 of the SUA Convention lists the crimes punishable under the Convention, stating that “any person” who “performs an act of violence against a person on board a ship, if that act is likely to endanger the safe navigation of that ship,” that person has “commit[ted] an offense” under the Convention. Similarly, the SUA Convention states that “whoever unlawfully and intentionally” commits an act of violence against a person on board a ship has violated the Convention and is subject to punishment for that act.
According to some experts, the SUA (Suppression of Unlawful Acts) Convention allows for India to claim jurisdiction under Articles 6(1)(1) and 6(2)(2) and Italy to claim jurisdiction under Arts. 6(1)(1) and 6(1)(3). Hence, both Italy and India have concurrent jurisdiction over the Italian armed guards, but as a purely practical matter, jurisdiction falls to the country that reaches the alleged perpetrators first, subject to the principle of aut dedere aut judicare (“extradite or prosecute”). The facts of the Enrica Lexie mirror those from the famous 1927 Lotus opinion by the Permanent Court of International Justice (PCIJ), where a French ship collided with a Turkish ship, killing eight Turkish sailors on the high seas. The French captain was prosecuted in Turkish courts and the Turkish and French governments submitted the question of jurisdiction to the PCIJ. The latter held that, absent a relevant provision to the contrary, Turkish courts could exercise criminal jurisdiction over the French captain because the incident took place on the high seas and had a substantial effect on Turkey.
United Nations Convention on the Law of the Sea (UNCLOS)
In the aftermath of the incident, both Italy and India cited provisions and limitations of the UNCLOS  in order to establish jurisdiction over investigation and prosecution of the alleged crime without coming to any agreement.
- UNCLOS article 287: "India reserves the right to make at the appropriate time the declarations provided for in articles 287 and 298, concerning the settlement of disputes"
- UNCLOS article 298: "India understands that the provisions of the Convention do not authorize other States to carry out in the Exclusive Economic Zone and on the continental shelf military exercises or manoeuvres, in particular those involving the use of weapons or explosives without the consent of the coastal State"
Indian authorities have pointed out that Italy did not obtain permission for the military mission within the Exclusive Economic Zone (EEZ) of India. The privately owned MT Enrica Lexie, due to the deployment of soldiers, military weapons and live-ammunition on board the vessel, ought to have obtained Pre-Arrival Notification for Security (PANS) clearances from the Government of India prior to its transit passage through Indian Customs Waters.
India, in its quality as the coastal State, cited UNCLOS articles 19, 21, 27 & 111 to claim that the Enrica Lexie's transit through the Contiguous Zone was "prejudicial to the peace, good order or security of the coastal State".
According to UNCLOS art.19(g), "the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State;" is contrary to innocent passage. UNCLOS Art.21(h) and Art.25 gives a coastal State the right to pass legislation to this effect. UNCLOS Art.33 allows a coastal State to exercise control over the Contiguous Zone (24 nautical miles from the baseline) to both "prevent" and "punish" acts that cause "infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea".
UNCLOS article 27.1.a stipulates that the criminal jurisdiction of the coastal State prevails over flag jurisdiction if the consequences of the crime extend to the coastal State. UNCLOS article 111 allows a coastal State "the right of hot pursuit if there has been a violation of the rights for the protection of which the zone was established"
UNCLOS article 97 states that “No arrest or detention of the ship, even as a measure of investigation, shall be ordered by any authorities other than those of the flag state”. According to some experts, Article 97 has been quoted by the Italian authorities out of context, as it deals with ‘Penal Jurisdiction in Matters of Collision or any other incident of Navigation' and in the case of Enrica Lexie there was neither any collision nor any navigational incident.
Annexure III of UNCLOS stipulates certain freedoms that are recognized by the general principles of international law, wherein freedom of fishing is a part; hence, Enrica Lexie should have steered clear of the St. Antony fishing vessel which (being on the starboard side of Enrica Lexie) also had navigational right of way.
United Nations Convention on Jurisdictional Immunities of States and Their Property
The Italian government has claimed that the marines are elements of the State and that they enjoy absolute sovereign immunity. Italy cited extraterritorial provisions of its laws to claim that the presence of military personnel deployed as VPD aboard the oil-tanker merchant vessel is governed by an Italian law conforming to U.N. anti-piracy resolutions, and hence such personnel are part of the Italian state and thus immune to the jurisdiction of foreign states.
In response, India too cited extraterritorial provisions of its own law, stating that irrespective of the location of the ship (whether in international or territorial waters), a crime had been committed against Indian citizens on an Indian ship and hence India had the jurisdiction to prosecute and try the case. Furthermore, India has pointed to the absence of any international treaty regarding immunity from prosecution for Vessel Protection Detachments (VPD) on board privately owned merchant vessels. India has also highlighted that there exist limitations to functional sovereign immunity such as when commercial activity is involved and drew attention to the fact that the Italian Navy marines were working on a contract basis for the protection of the private interests of the ship owner and therefore could in no way be treated as a discharge of sovereign functions.
Contact Group on Piracy off the Coast of Somalia (CGPCS)
Italian claims that the actions of the Italian marines are covered under United Nations anti-piracy mandate is refuted by India on the grounds that the shooting occurred in the Laccadive Sea within the Contiguous Zone of India and that the Italian marines were operating beyond the territorial scope of United Nations anti-piracy resolutions for the Western Indian Ocean. India has repeatedly drawn attention to the fact that UN Security Council Resolution 1851 (2008) which was later recalled and replaced with UN Security Council Resolution 1918 (2010) pertain exclusively to piracy the Western Indian Ocean bordering Somalia and the Horn of Africa and do not apply to fishing areas in the vicinity of the Lakshadweep archipelago.
Status of Forces Agreement (SOFA)
Italy did not obtain clearances from the Government of India for the military mission within India's Contiguous Zone by the Nuclei Militari di Protezione (NPM) team which had taken up VPD duty on board the merchant vessel MT Enrica Lexie.
India and Italy do not have any bilateral agreement allowing Italian defence personnel to claim absolute or qualified immunity from the Indian legal system. India, a Non Aligned Movement (NAM) member State, is bound neither by NATO's Status of Forces Agreement (SOFA) or other similar SCO or CSTO military agreements.
The Attorney-General of India told the Supreme Court that the Government, following a well-settled principle of State policy, steadfastly refuses to enter into any SOFA-like military treaty or alliance with other countries. Foreign defence forces personnel can claim no immunity whatsoever from prosecution for crimes committed in India or involving Indian interests.
Secret United States diplomatic cables released by Wikileaks show that Indian officials systematically refused to entertain immunity requests from US diplomats for their armed forces personnel. American diplomats were warned that US personnel on official visits, training exercises and R&R shore-leave are not immune from prosecution for crimes committed in India.
Notwithstanding the traditional pro-Western penchant, Indian public opinion is broadly supportive of strategic independence with regards to national interests. Political parties have consistently opposed any limiting constraints and intrusive obligations as imposed by treaty agreements such as Status of Forces Agreement (SOFA), Visiting Forces Agreement (VFA), Acquisition and Cross-Servicing Agreement (ACSA), Logistics Support Agreement (LSA) and Communications Interoperability and Security Memorandum of Agreement (CISMOA).
Bilateral agreement between Italy and India on the transfer of sentenced persons
Indian officials have hinted that the two Italian marines, if convicted, could serve the rest of their jail term in Italy under provisions of the Indo-Italian prisoner exchange treaty which was hurriedly ratified in November 2012. Under the terms of the bilateral "Transfer of Sentenced Persons" agreement, the Italian soldiers may qualify to serve their sentence in their country of origin only if the Government of Italy accepts the verdict passed by the Indian Courts as final in both countries.
The Indo-Italian agreement between Italy and India aims to facilitate the social rehabilitation of sentenced persons. The Agreement consists of 20 articles and it is inspired by the Convention on the Transfer of Sentenced Persons.
Under the terms of the bilateral agreement, the execution of the sentence shall be governed by the receiving state, which will be free, under its laws, to provide alternative measures. A person sentenced in the territory of a Contracting State, may be transferred to the territory of the other State in order to serve the sentence, provided that:
- the convicted person is a national of the receiving state
- the judgement is final
- the transferring State and the receiving State will agree
- the acts or omissions for which the person has been convicted are also considered as crimes by the law of the receiving State or would constitute an offence if committed on its territory.
The agreement does not apply to convicts who have been sentenced to death. Neither can the convicts exercise this option till the court of final appeal in the country in which the crime has been committed has settled the case.
On 6 June 2013, Staffan De Mistura indicated that the marines will not face any punishment in Italy. Speaking to the media the Italian Special Envoy said : "All the indications we have received give us reason to hope there will be a rapid and fair trial for our two riflemen and that the affair will soon be over, (...) This should allow the men to return to Italy and resume their posts,".
March 2013 diplomatic crisis
The two marines had previously been allowed to return to Italy and be with their families during the Christmas and New Year vacation period in December 2012 by the Kerala High Court. The two marines returned to India in January 2013.
On 22 February 2013, the Supreme Court of India allowed Girone and Latorre a second exception, as a gesture of good-will, to return to Italy for an extended break of four weeks to vote at the general election and be with their families. This permit was granted on the basis of sworn affidavits by Italy's representatives (ambassador of Italy in India with an email from the foreign minister and the prime minister) that the marines would be returned to face the Indian courts. Indian media raised the prospect that the Italian envoy had filed a false affidavit in the Supreme Court by revealing that the marines could have voted either at the Italian embassy or by postal ballot and need not have travelled to Italy to vote in the elections.
Highlighting the exceptional leniency accorded to the two marines by Indian courts, Gujarat Chief Minister Narendra Modi summed up the public sentiment in India by saying: "We let two under-trial Italians go to their country to vote. Here, under-trial (Indian) citizens are not even allowed to attend their mother's funeral." 
Italian President Giorgio Napolitano, Defense minister Giampaolo di Paola and Foreign Minister Giulio Terzi irked public opinion both in Italy and India by ceremoniously receiving the marines upon their arrival in Italy and hailing them as 'Italian heroes' even though they stand accused of manslaughter.
News that the marines would not return to India threatened to bring down the ruling UPA government. In a rare show of political unity, politicians from all sides of the political spectrum condemned the unilateral decision of the Italian government.
Fishing communities organised spontaneous protests and urged the federal government to take stringent action against the Italian government. The Chairman of Fishermen Coordination Committee (FCC), V.Dinakaran said: “We demand the arrest of the Italian ambassador who presented an affidavit before the honourable Supreme Court to get bail for these Italian Marines to go to their country. He is the culprit now in India. He is present in India”. The Convenor of Kerala Fisheries Coordination Committee (KFCC), V.V. Saseendran, threatened to intensify their agitation if Italy refuses to send back its marines. “All the trade unions came together to fight against Italian attitude. Today we started the agitation. It will not stop. When the Italians will come in here, up to that time our fight will go all over India,” said Saseendran.
“They (Italy) have violated every rule of diplomatic discourse and call into question solemn commitments given by accredited representatives of a government”, Indian Prime Minister Manmohan Singh told parliament, adding that it was 'unacceptable' for Italy to refuse to send back marines and warned that there will be 'consequences'.
India initiated the process of downgrading its diplomatic ties and decided not to post the ambassador-designate to Rome. The Indian government also announced a decision to initiate a review of the entire gamut of relations with Italy including diplomatic, trade and defense ties. The European Union was briefed on India's views and position in the matter. A spokesperson for the EU High Representative for Foreign Affairs, Catherine Ashton stated: "The EU is taking note of the disputes between India and Italy and continues to hope that a common solution can be reached through negotiation".
Political allies of Sonia Gandhi, the Italian-born chairperson of the UPA government and president of the Congress party, demanded that she take a clear stance on the matter. Sonia Gandhi termed the Italian actions as a 'betrayal', adding that "No country can, should or will be allowed to take India for granted. All means must be pursued to ensure that the commitment made by the Italian government to our Supreme Court is honoured". Sonia Gandhi, whose Indian citizenship and loyalty are regularly subjects of intense debate, was accused by the opposition parties of colluding with Italy to help the marines evade justice. Prominent members of civil society warned the UPA government not to allow the two Italian marines to evade justice in India as did Ottavio Quattrocchi, an Italian middle-man and family-friend of Sonia Gandhi, a key accused in the Bofors arms scandal.
Opposition leader Arun Jaitley invoked a popular quote by James Bond 007 to attack the government on the Italian marines issue : "Once is happenstance. Twice is coincidence. Three times, it's enemy action," he quoted from the Ian Fleming novel Goldfinger. Likening the Italian decision as "enemy action" he urged the UPA government to "forget diplomatic niceties".
In response to a Public Interest Litigation (PIL) petition filed at the Supreme Court of India by Janata Party president Subramanian Swamy, the Attorney General responded that Italy had violated a sovereign undertaking to ensure the return of the two marines.
The Indian Supreme Court took exception to Italy breaking its promise regarding the return of the marines. On March 14, the Supreme Court of India restrained Italy's ambassador Daniele Mancini from leaving India till March 18. On March 18, this order was extended till April 2. The Chief Justice of India, Altamas Kabir, disapproved of the Italian government's position to not return the marines and said "Much has been written about how naive we are. We never expected the government of Italy to behave like this. What do you think courts are ?"  The Supreme Court directed the executive branch to take measures to enforce the travel restrictions placed on the Italian ambassador if he tried to leave the country. The intransigent stance adopted by the Supreme Court of India left India's UPA coalition government no choice but to comply with the court order had the Italian envoy tried to leave India. Rome avoided a showdown with Indian authorities by not ordering Ambassador Daniele Mancini to leave India.
With senior counsel Mukul Rohatgi stating that he was appearing for both the Republic of Italy and the Italian ambassador, Justice Kabir said he wanted to hear Mancini and not the Italian ambassador. "But he is also the ambassador," Rohtagi said."What is your intention Mr Daniele Mancini?" Justice Kabir then asked. With Justice Kabir distinguishing between the individual and the ambassador, Rohatgi said Mancini had acted on behalf of the government of Italy. 
Political observers questioned the legality of the Supreme Court ruling, albeit taking note that the Italian envoy had offered himself as 'personal guarantee' till the return of the marines. Indian media claimed that ambassador Daniele Mancini could face trial for contempt of court by the Supreme Court of India if the marines fail to return in time.
Italy issued a strong protest and reaffirmed the diplomatic privileges of its ambassador to India. The EU High Representative for Foreign Affairs, Catherine Ashton, cautioned India against violating the Vienna Convention on Diplomatic Relations (VCDR). India refused to yield to pressure and warned that it will neither allow Italy to use VCDR as a shield to subvert Indian laws nor be arm-twisted into accepting the status-quo.
The episode fuelled intense debates led by civil-liberties and human rights groups who questioned the morality of allowing the overarching cloak of diplomatic immunity and the grey-areas of international treaties to shield defence and diplomatic service personnel from prosecution for erroneous actions committed in host countries.
The United States of America refused to be drawn into the crisis during the stand-off. State Department spokesperson Victoria Nuland told reporters: "This sounds like an issue between India and Italy, not an issue for us".
United Nations Secretary General Ban Ki-moon took a neutral stance by calling for a "peaceful resolution and respect for international law".
Italy was blamed for unilaterally escalating the diplomatic row into a crisis which threatened to spiral quickly out of hand. Diplomats stationed in India were quoted as saying: "We did convey our concerns to the Italians at the informal level, that this will harm everyone, and that the onus of getting the marines back is on the Italian Government as they had given an assurance to India's highest court. (...) Even though we felt sorry for Daniele Mancini, who is a seasoned diplomat, reneging on a sovereign promise could damage the credibility of diplomats and the Italians must correct this" 
On 21 March, the Italian government reversed its decision and returned the Marines to India. According to Italian Prime-Minister Mario Monti: "The government decided, also in the interests of the marines, to maintain the commitment taken when they were granted leave to take part in the elections to return to India by March 22"
The Indian Government has clarified that the nature of homicide charges against the two Italian marines did not appear meet the "rarest of rare" criteria for death penalty if the marines were found guilty of murder of the two Indian fishermen. Indian authorities have repeatedly highlighted the exceptional nature of capital punishment in India. The Indian Supreme Court has allowed death penalty to be carried out in only 4 cases since 1995.
The European Commission expressed relief over the end of the diplomatic stand-off between India and Italy and has voiced hope that the "dispute over the substance of the issue will be resolved soon" in an amicable manner.
Citing India's apex court order against a serving ambassador as a precedent, Kanwal Sibal the former foreign secretary of India said :"The Supreme Court’s order restraining the ambassador from leaving the country has already created a major precedent by interpreting loosely a country’s obligation under the VCDR to respect the diplomatic immunity of an ambassador. This has caused serious disquiet in diplomatic missions in New Delhi, as the possibility that Indian courts could, in future too, interpret the principle of diplomatic immunity circumstantially cannot be ruled out."
In a bid to lower media coverage given to the case involving the two Italian marines, Indian administrative officials and diplomats have adopted a uniform policy of refusing to comment further developments on the grounds that the "Italian marines matter is sub judice".
The two Italian marines have received permission to live within the Italian diplomatic compound under the custody of the Italian embassy in New Delhi and have to report once a week at Chanakyapuri Police Station in New Delhi.
Indian judicial opinion is sharply divided over whether foreign minister Salman Khurshid prejudged the trial of the two Italian marines on the issue of capital punishment. On 29 March 2013, Salman Khurshid pointed to the independence of the judiciary in India by stating that the Indian government's "clarification" on death penalty may not be upheld by the Indian Supreme Court. Highlighting the constitutional obligations of the executive branch to respect the judiciary, Kurshid said: "Do we have a choice but to accept what the court decides?"  On 8 April 2013, R.K. Singh, under-secretary for home affairs, stated that the Indian government will abide by assurances given to Italy on the applicability of capital punishment (death penalty). The BJP Opposition-party demanded that the two Italian marines be tried under the Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act (2002) and not the Indian Penal Code : “Under this (SUA) Act, murder attracts only death penalty. But the marines are being tried under the IPC where a life sentence or a death sentence can be given. This has been done to somewhat dilute the punishment”.
The extraordinary leniency given to the Italian marines while they stand trial in India is often cited by Indian political commentators as an example of policy paralysis leading to the compromising of national security and self-respect by the Congress party led UPA government.
In Italy, the humiliating volte-face was perceived as a distressing foreign policy mess leading to an embarrassing climbdown. Italian Foreign Minister Giulio Terzi faced severe criticism in the Italian media for his ineffective diplomacy. Linking the tortured advances in the case involving the two marines to incoherent crisis management, Italian media highlighted the quick apologies and non-controversial approach taken by the United States of America and France when their armed forces were recently involved in incidents leading to the death of Indian citizens : USNS Rappahannock (T-AO-204) shooting off the coast of United Arab Emirates and by French expeditionary forces in Central African Republic respectively.
On 26 March 2013, Giulio Terzi tendered his resignation just as the care-taker government of Mario Monti was giving way to a new government. Terzi announced that he was opposed to the return of the marines to New Delhi, contradicting his earlier statements which affirmed that the decision to return the marines to India was taken collectively by the Italian government. Defence minister Giampaolo di Paola drew parallels between Giulio Terzi's resignation and the actions of Captain Francesco Schettino of the Costa Concordia, saying that they both abandoned a sinking ship.
On 27 March 2013, Italian Prime-Minister Mario Monti addressed the Italian parliament and stated: "Our priority was safety, security and dignity of our two marines as well as of all Italians who are in India" adding that Italy faced "serious and objective risks of being isolated in the international community amid a crisis of grave proportions with India". The Italian premier disclosed that Italy faced the real possibility of collective sanctions from the BRICS countries when they met in South Africa for the 5th BRICS summit. Mario Monti also revealed that former Italian foreign minister Giulio Terzi repeatedly hampered efforts to settle the dispute with India in a quiet manner by perpetuating controversies through hawkish statements posted on Twitter. Monti attributed the “hardening” of India’s stance to “rash” statements to the press by Terzi and concluded his parliamentary briefing on the debacle, saying that Italy’s strategy "shouldn’t have been the subject of premature statements to the press, which Minister Terzi decided instead to make, previewing a final result which at that point couldn’t be taken for granted,”.
Giulio Terzi confirmed that he was viewed as "being part of the problem" by other cabinet ministers and therefore bypassed by Italian President Giorgio Napolitano, who appointed Staffan de Mistura, the Italian Deputy Foreign Minister, as his Special Envoy to resolve the stand-off with India.
On 5 April 2013, Italian President Giorgio Napolitano issued a presidential pardon for a CIA officer, who had been condemned in absentia over the Abu Omar illegal rendition case, expressing hope that a similar pardon could be obtained in India for the two Italian marines.
Staffan de Mistura gave a detailed interview regarding the case to Italian media during his visit to India in June 2013. He spoke about the welfare of the two marines saying that they were "not in prison in India but within the cozy Italian embassy" which the Indian authorities had allowed as a gesture of fairness. "Massimiliano Latorre and Salvatore Girone work for three days regularly as officials of the Italian Embassy in New Delhi, where they reside and receive visits, including those by their family members," Commenting on the investigation process and trial, he stated : "the investigations are proceeding in the spirit of a fair and speedy trial." Speaking about Indian public opinion and media he said : "in recent 3 months neither in the press nor in Indian public opinion has there been any initiative of hostility or dislike or disfavour towards our marines." and went on to add "the case is not discussed here, as we expect it in Italy."
In a bid to understand the polarised viewpoints of Indians and Italians on the marines issue, two journals (La Repubblica in Italy and The Hindu in India) carried out a joint survey of public opinion through a common on-line forum. Notwithstanding a nationalist bias in both countries over the diplomatic row, the general consensus was that politicians in both countries had 'queered the pitch'. The principle focus of Italians was the return of the two marines at all costs, while Indians on the other hand sought guarantees on justice for the families of the two victims and for disciplinary action against the perpetrators of the crime. A widespread belief among Indians is that the Italian government is not serious in investigating the actions of the Italian crew and VPD detachment on board the Enrica Lexie. Italy is accused of using judicial loopholes to prevent the two Italian marines to be held accountable for failing to follow IMO anti-piracy guidelines and for using disproportionate lethal force which led to the wrongful death of two Indian fishermen. The official welcome ceremonies organised for the two marines each time they returned to Italy has led to the belief that Italy is not concerned with reprimanding the VPD guards for the death of the fishermen and has instead portrayed the marines as Italian heroes. The unexplained erasure of VDR data from the Enrica Lexie and involvement of representatives from the Catholic church by the Italian authorities to broker a settlement with the owner of the fishing vessel and families of the victims through the payment of blood money aroused suspicion of tampering of material evidence and influencing of witnesses.
The lifestyle of the two marines since their transfer to New Delhi from Kerala has been viewed as a provocation: Latorre and Girone are daily visitors to one of the best-known private clubs in New Delhi: the 'members-only' café-restaurant of the Italian Cultural Centre. Indian media reported that the duo attended a party at the Vatican Embassy and were seen freely mingling with guests. “The way the duo are being paraded by the Ambassador and the manner in which the Catholic establishment is openly flirting with the accused is quite embarrassing,” said a diplomat who attended the party. The Italian ambassador Daniele Mancini and a prominent political leader of the ruling Congress party, Christy Fernandes, were also present.
On 3 April 2013, lights were switched off at the Colosseum in Rome in a show of solidarity with two Italian marines in India.
On 14 September 2013, Italian media reported that the public show of support to the two marines held in India has been questioned in certain sections within Italy. An act of vandalism targeted a giant poster put up in support of the two marines in the city of Imperia.
Criticizing the move, Indian Ministry of External Affairs spokesperson Syed Akbaruddin has been reported to have said: “Using sporting events to promote a cause which is not of a sporting nature and one which is sub judice is not in keeping with the spirit of sport.”
On 24 October, Ferrari posted a statement on their website that reads: "Ferrari will carry the flag of the Italian Navy on the cars driven by Fernando Alonso and Felipe Massa in this weekend's Indian Grand Prix. In doing so, Ferrari pays tribute to one of the outstanding entities of our country, also in the hope that the Indian and Italian authorities will soon find a solution to the situation currently involving two sailors from the Italian Navy."
Shortly afterwards, Luca di Montezemolo, president of Ferrari, told Italian TV: “It is the contribution that Ferrari can make to this story.” Italian Foreign Minister Terzi added: “It shows the support of the whole country for our sailors.”
India's motor racing federation decided not to raise any objection to Ferrari racing with the Navy sticker after receiving assurances that the gesture was not political.
Link to Finmeccanica VIP helicopter bribery scandal
Following the arrests made at Finmeccanica in February 2013 over kickbacks paid to enable the sale of VIP helicopters to India and Italy's refusal to allow the marines to return to India in March 2013, political commentators and mainstream media have suggested a link between the two events.
Questions about the ongoing investigations in Italy into the Finmeccanica Choppergate scandal, relating to the sale of 12 AgustaWestland AW101 VVIP helicopters, and the diplomatic spat between Italy and India over the killing of Indian fishermen by Italian marine guards, were raised in the Indian Parliament by several leading politicians.
India's main opposition parties rejected the status quo resulting from the unilateral action taken by the Italian government as diplomatic blackmail and warned the UPA government not to use the lowering of diplomatic relations between India and Italy as an excuse to delay the Indian investigations into the recipients of kick-backs from the helicopter deal.
The UPA coalition government has been accused in India of purposely escalating the diplomatic spat involving the Italian marines into a full-blown crisis so as to affect government-to-government ties. The downgrading of diplomatic relations would make it harder for Indian investigators to seek judicial cooperation from Italian authorities and as a consequence automatically slow down the pace of Indian investigations. The UPA coalition government is keen to delay any politically damaging revelations from the helicopter bribery scandal involving politicians from the Congress party until after the Indian general elections in 2014.
India's Defence Minister A.K. Antony Monday confirmed corruption allegations by stating: "Yes, corruption has taken place in the helicopter deal and bribes have been taken. The CBI is pursuing the case very vigorously".
Finmeccanica and its subsidiaries Alenia Aermacchi and AgustaWestland have all been placed on an anti-corruption watch-list till the closure of the investigative process.
Impact on anti-piracy measures
European Union High Representative for Foreign Affairs Catherine Ashton, during talks with Italian Premier Mario Monti, assured him of the European Union's support to finding a diplomatic solution with India regarding the "privately contracted armed guards". According to Ashton's spokesperson Michael Mann, she stated that 'cooperation with the EU and India in the fight against piracy was "a mutual interest" but stressed that the legal basis for arming cargo vessels needed to be looked into.'
- "International efforts to protect sea lanes and fight piracy can be effective only if all nations cooperate in good faith, according to the established rules of the international customary law and UN conventions, including those protecting the jurisdiction of the flag of the State in international waters. (...) Any erosion of the sending State's exclusive jurisdiction over servicemen on official duty would jeopardize the status of our agents on international missions. Consequently, it would also undermine the sustainability of UN peacekeeping missions."
This rationale was reasserted during the UN Security Council debate after the 6865th SC Meeting by both the Italian and the European Union representatives. In response, the Indian representative asserted that case was sub judice and was being dealt in accordance with international law.
The episode sparked speculation about the pro and cons of anti-piracy measures such as the employment of Private Security Contractors and Armed Military Guards on-board commercial shipping vessels, and whether either the former or the latter are preferable.
On 2 May 2013, the Contact Group on Piracy off the Coast of Somalia (CGPCS) held its plenary meeting in New York, where India, along with Egypt and Oman, reiterated their demand for review of the High Risk Area, which it had raised in earlier meetings too. “This time, we pointed out with a lot of facts and figures that there had been no incidents reported east of 65 degree since March 2012. And even that incident was 450 nautical miles from the Indian coast,” said a senior Ministry of External Affairs official. According to the Indian Government, it has become necessary to protect the interest of the Indian fishermen operating in the Laccadive Sea, whose livelihood gets hit by large cargo ships navigating these waters close to the Indian coast, apart from ensuring that sailing through the Arabian sea does not mean heavy insurance premiums for the cargo vessel operators. “The Enrica Lexie incident, which led to the shooting of two Indian fishermen, was a direct result,” asserted a senior government official. The Italians had even argued that the incident took place within the Extended Zone of the High Risk Area, to explain the skittishness of the marines who mistook the fishermen for pirates. “There is a lot of opposition from the insurance industry groups, since a reduction in high-risk area would mean lesser number of ships requiring the specific insurance that has high premium,” said the senior official.
I Due Marό: Tutto quello che non vi hanno detto (translated title : “The Two Marines: What they haven’t told you”) - Matteo Miavaldi
- 2013 Seaman Guard Ohio incident in the Gulf of Mannar (October 2013)
- Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA)
- Maritime Security Operations: Combined Task Force 150, Combined Task Force 151
- Maritime Security Regimes
- Operation Atalanta – a current military operation undertaken by the European Union Naval Force in order to prevent and combat acts of piracy in the Indian Ocean.
- Operation Ocean Shield – a current military operation undertaken by the NATO in order to prevent and combat acts of piracy in the Indian Ocean.
- Proliferation Security Initiative (PSI)
- United Nations Convention on the Law of the Sea (UNCLOS)
- "Ministries lock horns, centre seeks AG's help in Italian marines case". New Indian Express. 13 October 2013.
- "Italy for international law in marines' case". Zee News. 26 March 2013.
- "Marines issue had appeared so very promising to the BJP to talk about till the 2014 election". Rediff. 20 March 2013.
- "Targeting Italy, Sonia Gandhi and ‘Rome Raj’". France24. 17 February 2012.
- "Italy for international law in marines' case". Zee News. 18 May 2012.
- "Italy sore over charge sheet against marines". The Hindu. 19 May 2012.
- "Italy for steps to ensure fishermen's safety". The Hindu. 18 May 2012.
- "India police detain Italians accused of killing fishermen". Reuters. 19 February 2012.
- "Italian vessel brought to Kochi port, Coast Guard refutes Italian embassy's claims". Times of India. 17 February 2012.
- "tehelka: Standoff between Kerala police and Italian ship continues". Tehelka. 18 February 2012.
- "Coast Guard calls Italians' bluff on maritime protocol". IBN-Live. 18 February 2012.
- "Marò, la verità degli italiani su quei 33 minuti. Il giallo: i fucili erano quelli di altri soldati" (in Italian). Italy. Ministero della Difesa. 6 April 2013. Retrieved 8 April 2013.
- "Marò, ecco tutte le colpe del comandante della Lexie" (in Italian). Italy. Ministero della Difesa. 7 April 2013. Retrieved 8 April 2013.
- "Bullets in bodies were from the guns of other soldiers on-board Enrica Lexie First Corporal Andronico Massino and Sergeant Vogilano Renato Voglino" (in Italian). Italy. La Repubblica. 6 April 2013. Retrieved 8 April 2013.
- "Italian military investigation report blames the Captain of Enrica Lexie for the incident" (in Italian). Italy. La Repubblica. 7 April 2013. Retrieved 8 April 2013.
- "Enrica Lexie incident : India wants the other 4 Italian marines to testify personally in New Delhi". Dagospia.com. 14 June 2013. Archived from the original on 2013-06-22. Retrieved 2013-06-18.
- "DG Shipping Press Release on firing by Italian Ship on Indian fishermen". Press Information Bureau, Government of India. 16 February 2012.
- "Fishermen killed: India summons Italian envoy". Times of India. 16 February 2012.
- "Gulf Times: Two killed as Italian ship fires on Indian fishing boat". Gulf Times. 16 February 2012.
- "Shooting occurred in Indian waters, Italian marines should face Indian laws". The Hindu. 29 May 2012.
- "Murder trial of Italian marines in India navigates murky waters". Reuters. 10 June 2013.
- "Marò, l'ex vicecapitano Enrica Lexie: "Peschereccio era un altro"". Radio Televisione Italiana. 9 Aug 2013.
- "MARO' – Il comandante in seconda: "Non sono stati i marò a colpire i pescatori"". 27 Mar 2013.
- "Did captain Vitelli fuel piracy paranoia on board Enrica Lexie ?". Times of India. 3 March 2012.
- "Maritime Order and Piracy". Institute for Defence Studies and Analyses.
- "Terzi defends visit to India in Italian marines' case". AGI. 12 March 2012.
- "Courts may not accept India’s word to Italy on marines, Khurshid says". Times of India. 30 March 2013.
- "Fishermen killing: Two Italian marines taken into custody". Times of India. 19 February 2012.
- "An online war room that called the shots". Deccan Chronicle. 21 February 2012.
- "Sad at not meeting Valentine's kin: Mistura". The HINDU. 4 March 2012.
- "Boat owner moves high court for compensation". The Times of India. 28 February 2012.
- "Kerala government offers job to killed fisherman's widow". The Times of India. 22 February 2012.
- "Fishermen killing: Victim's kin seek Rs 1 Crore relief". The Hindustan Times. 22 February 2012.
- "India,Italy to continue talks on fishermen killings today". 24 February 2012.
- "Lok Adalat to take up compensation agreement". The Hindu. 20 April 2012.
- "Fishermen's killing: Families agree to out-of-court settlement with Italy". The Times of India. 20 April 2012.
- "Le famiglie dei pescatori: perdoniamo i fratelli italiani". Rai News. 24 April 2012.
- "Supreme Court of India blasts Lok Adalat court over 'pact' with Italy Government". India Today. 1 May 2012.
- "M.T. Enrica Lexie & Anr. vs Doramma & Ors. on 2 May, 2012". Indian Kanoon. 2 May 2012.
- "Killing of fishermen: Murder case registered against armed guards of Italian ship". The Times of India. 17 February 2012.
- "Warrant to search Italian weapons". IBN Live. 23 February 2012.
- "The rifle could be Berretta AR-70/90". IBN Live. 21 February 2012.
- "Fishermen killing: Kerala Police form special team to probe mid-sea murder". The Times of India. 21 February 2012.
- "Ship violated guidelines: Coast Guard". Deccan Chronicle. 25 February 2012.
- "Italian ship’s ‘black box’ data missing". Times of India. 2 March 2012.
- "Sea killing: Voice data from ship not available". Deccan Chronicle. 20 February 2012.
- "Delay in probe helped Italian ship erase data". Times of India. 12 March 2012.
- "Italian ship violated maritime law". Asian Age. 28 February 2012.
- "Noose tightens on 'Enrica Lexie' captain Umberto Vitelli". Deccan Chronicle. 3 March 2012.
- "Affidavits will be vital during trial = The New Indian express". 2 April 2013.
- "Italian marines case: India to honour assurance given to Italy". The Economic Times. 8 April 2013.
- "Fishermen's killing: Italian govt's stand hampers probe". Hindustan Times. 26 Oct 2013.
- "Italian Team Examines Fishing Boat". Outlook India. 26 February 2012.
- "Case in Rome may boomerang on marines". Asian Age. 1 March 2012.
- "Italy says criminal proceedings against marines initiated". The Hindu. 1 March 2012.
- "Kerala High Court tears into Italian plea in shooting case". Hindustan Times. 1 March 2012.
- "Criminal proceedings against guilty marines started says Italy". Rediff. 1 March 2012.
- "Fishermen killing case: Italy recalls ambassador to India". Indian Express. 18 May 2012.
- "Italy calls envoy for talks after SIT chargesheet". Times of India. 19 May 2012.
- "Enrica Lexie case: Chargesheet filed". IBNLive. 19 May 2012.
- "Italian marines would be tried for murder in Italy". The Hindu. 18 May 2012.
- "Marines tell prosecutors they didn't witness the shooting". Eni website. AGI. 10 May 2012. Retrieved 6 January 2013.
- "Marines questioned by Rome prosecutors over Indian fishermen". ANSA. 3 January 2013. Retrieved 6 January 2013.
- Longo, Grazia (3 January 2013). "I marò cinque ore davanti ai giudici prendono il volo verso l’India (English translation: "[Italian]Marines 5 hours in front of [Italian] Judges, then fly back to India)". La Stampa (in Italian). Retrieved 6 January 2013.
- "Italian marines questioned in Italy over Indian fishermen's deaths during anti-pirate patrol". Fox News. 20 March 2013. Retrieved 20 March 2013.
- "Marines wanted by India questioned by military tribunal". ADN Kronos website. AGI. 20 March 2013. Retrieved 20 March 2013.
- "Bullets in bodies were from the guns of other soldiers onboard Enrica Lexie First Corporal Andronico Massino and Sergeant Vogilano Renato" (in Italian). Italy. La Repubblica. 6 April 2013. Retrieved 8 April 2013.
- "Italian naval guards remanded to 3 days police custody". IBN Live. 20 February 2012.
- "Ship probe: Italian guards move Kerala HC to quash FIR against accused". IBN Live. 21 February 2012.
- "Killing of fishermen: Kerala police get court nod to seize arms from Italian ship". The Times of India. 21 February 2012.
- "Lawyers to appeal to Kerala High Court over Kochi shooting". AGI.it. 21 February 2012.
- "Fishermen firing: Italian ship can’t leave port without paying guarantee". Daily Bhaskar. 222 February 2012.
- "Fishermen killing: Italian Govt petition admitted by HC". Daily Bhaskar. 23 February 2012.
- "Fishermen shooting: Two Italians’ police custody extended". The Week. 23 February 2012.
- "http://articles.timesofindia.indiatimes.com/2012-02-24/kochi/31095061_1_fishermen-guest-house-police-custody". The Times of India. 24 February 2012.
- "Fishermen murders: HC offers out-of-court settlement option". MSN News. 28 February 2012.
- "Fishermen's deaths: HC wants Italy to file statement". Deccan Herald. 28 February 2012.
- "Fishermen deaths: Italy files fresh petition, wants representation during weapon examination". NDTV. 29 February 2012.
- "Delhi firm on Marines’ trial as talks collapse". Oman Tribune.
- "Fishermen killings: India refuses to yield to Italy". The Economic Times. 29 February 2012. Retrieved 13 May 2013.
- "Court rejects Italy’s plea on arms examination". Firstpost.India. 29 February 2012.
- "Plea to enhance compensation dismissed". IBN Live. 1 March 2012.
- "Don’t trivialise Indian laws, Kerala High Court warns Italy". Daily Pioneer. 2 March 2012.
- "HC tears into Italian plea in shooting case". Hindustan Times. 1 March 2012.
- "http://english.manoramaonline.com/cgi-bin/MMOnline.dll/portal/ep/contentView.do?contentId=11141358&tabId=1&channelId=-1073865030&programId=1080132912". 1 March 2012.
- "Court extends custody of two Italians till March 5". Manorma Online. 1 March 2012.
- "Fishermen killings: Kollam court allows presence of 2 Italian experts". IBN Live. 2 March 2012.
- "Will you abide by Court order, HC asks Italy". IBN Live. 3 March 2012.
- "Jurisdiction Analysis in Italian Marines' Case Delayed". AGI.it. 2 March 2012.
- "Fishermen's killing: Italian naval guards sent to jail". The Times of India. 5 March 2012.
- "196-page charge-sheet filed against Italian marines submitted to the Kollam court". Maritime Connector. 18 May 2012.
- "Charge sheet filed against Italian marines in shootout case". Business Standard. 18 May 2012.
- "Fishermen killings: Italian Marines released on bail". NDTV. 2 June 2012.
- "Italian marines released on bail". The Hindu. 2 June 2012.
- "Marines' case: Indian Supreme Court to hear Italian government's plea". NDTV. 4 September 2012.
- "Italy respects Supreme Court : Defense minister Giampaolo di Paola". Times of India. 15 December 2012.
- "Indian fishing community opposes Italian marines plea to go home for Christmas". News Track India. 18 December 2012.
- "Kerala opposes Italian Marines' plea for Christmas vacation in Italy". NDTV. 19 December 2012.
- "Kerala Govt opposes Italian marines' plea to go home". Zee News India. 18 December 2012.
- "Italian marines can’t go home for Christmas: Kerala". Live Mint India. 18 December 2012.
- "Don’t give Christmas vacation to Italian marines". First Post India. 18 December 2012.
- "It’s no Christmas visit but a bid to torpedo trial, Kerala tells court". The Hindu. 20 December 2012.
- "Special aircraft to fly Italian Marines home". ndtv. 21 December 2012. Retrieved 6 January 2013.
- "I marò a casa per Natale. 800mila euro in garanzia" (in Italian). Rai.tv. 20 December 2012. Retrieved 6 January 2013. "[Italian] marines at home for Christmas. 800 thousand Euros as guarantee"
- "Indian Foreign Minister appeals people to respect court's order on Italian marine". News Track India. 21 December 2012.
- "Italy vows to honour commitment on marines". The Hindu. 21 December 2012.
- "Italian marines return to India". zeenews.india. 4 January 2013. Retrieved 6 January 2013.
- "Italian marines suspected of murder return to India". AFP. 3 January 2013. Retrieved 6 January 2013.
- "I marò Girone e Latorre ripartono per l'India: "Manteniamo la nostra parola d'italiani"". Corriere della Sera (in Italian). 3 January 2013. Retrieved 6 January 2013. "«Partiamo, mantenendo la nostra parola di italiani, fiduciosi nella giustizia»"
- Ians (4 January 2013). "Italian Marines return to Kerala". The New Indian Express. Retrieved 9 January 2013.
- "Italy delivers marines in time". New Indian express. 5 January 2013. Retrieved 6 January 2013.
- "Italian marines return, report before court". The Hindu. 5 January 2013. Retrieved 6 January 2013.
- Bellagamba, Valeria (15 January 2013). "Caso marò: la Corte di Kollam rinvia il processo al 18 febbraio". Diretta news.it (in Italian). Retrieved 16 January 2013.
- up-special-court-319101 "Italian marines case: Supreme Court ask Centre to set up special court". NDTV. 18 January 2013. Retrieved 18 January 2013.
- up-special-court-to-try-italian-marines/article4319164.ece?homepage=true "Centre told to set up special court to try Italian marines". the Hindu. 18 January 2013. Retrieved 18 January 2013.
- "India has jurisdiction to try Italian marines for fishermen deaths: court". Reuters. 18 January 2013. Retrieved 18 January 2013.
- "Kerala fishermen's killing: Special court to try Italian naval guards, SC says". Times Of India. 18 January 2013. Retrieved 18 January 2013.
- "Sovereignty is Not Given But Asserted: SC". Outlook. IANS. 18 January 2013. Retrieved 19 January 2013.
- "Enrica Lexie case: Special court to try Italian marines". sify news. IANS. 18 January 2013. Retrieved 19 January 2013.
- "Marò in India, la Corte suprema: "Processo in un tribunale speciale"". Il Messaggero (in Italian). 19 January 2013.
- "Enrica Lexie case materials transferred to Supreme Court". The Hindu. The Hindu. 28 May 2013. Retrieved 29 May 2013.
- "Italian Marines : New mess and yet another snag". WikiLao. 10 June 2013. Archived from the original on 2013-06-22. Retrieved 2013-06-18.
- "AFP: Two Italians held over India sea shooting". ADP. 19 February 2012.
- Kocijancic, Maja. "EU calls for rules on ship guards after Italy-India spat". Retrieved 13 March 2012.
- "EU Press Statement: The High Representative briefed the Prime Minister on the EU's latest contacts with the Indian authorities". ANSA. 13 March 2012. Retrieved 17 November 2012.
- "Italy says envoy recall signals 'strong displeasure' with India". Times of India. 19 May 2012.
- "Indian Ambassador Saha summoned by MFA S-G Ambassador Valensise". Italian Ministry of Foreign Affairs. 13 December 2012.
- "Italy disappointed at India delay on marine trial". Reuters. 14 December 2012.
- "Italy urges India court to rule on marines case before Christmas". AFP. 14 December 2012.
- "Have to wait for judicial outcome: India to Italy on marines". Hindustan Times. 19 December 2012.
- "Memorandum by Valerio Carrara, the Chairman of the Defence Committee of the Italian Senate, harshly criticizes India". notizie.tiscali.it. 15 December 2012.
- "Marò finally takes the hard line". Ilgiornale.it. 17 December 2012.
- "EU High Representative Baroness Ashton gives a status report on the Italian marines case". 30 May 2013.
- "Italian marine case: India asks Italy to send witnesses for deposition". 5 September 2013.
- "India-Italy Row Continues Over Marines’ Murder Case". 20 September 2013.
- "MT Enrica Lexie shooting and MV Grietj collision are by no stretch of imagination similar". Outlook India. 23 September 2013.
- "Italy is on thin ground on the high seas". The Hindu. 2 July 2012.
- "IMO refuses to intervene in row over killing of fishermen". LiveMint WSJ. 22 February 2012.
- "Revised interim guidance to shipowners, ship operators and ship-masters on the use of privately contracted armed security personnel on board ships in the High Risk Area". International Maritime Organisation (IMO). 16 September 2011.
- "Samir Saran responds". The Hindu. 2 July 2012.
- "The Case of Enrica Lexie: Lotus Redux?". Opinio Juris. 14 October 2012.
- UNCLOS (10 December 1982). "UNITED NATIONS CONVENTION ON THE LAW OF THE SEA".
- REUTERS (6 March 2012). "Italy summons Indian ambassador over marines' arrest".
- "Italy is wrong on sea law". The Hindu. 23 February 2012.
- "Not an Italian job?". Mylaw.net. 23 February 2012.
- "United Nations Convention on Jurisdictional Immunities of States and Their Property, 2004". United Nations. 12 December 2012.
- "Italian Marines Enjoy No Diplomatic or Functional Immunity". Outlook India. 30 August 2012.
- "Italian naval guards enjoy no immunity, Indian Govt tells Supreme Court". Times of India. 30 August 2012.
- "India detains 2 Italian security guards accused in fatal shooting of Indian fishermen". Washington Post. 19 February 2012.
- "As Italy pushes for "midway formula", India swears by courts". The Hindustan Times. 22 February 2012.
- "India hardens stand on arrest of Italian Naval guards". The Economic Times. 22 February 2012.
- "W.P.(C) No. 4542 of 2012 Massimilano Latorre Vs. Union of India, (2012) 252 KLR 794". Kerala Law. 29 May 2012.
- "Enrica Lexie case - A legal conundrum". Maritime Security Asia. 4 March 2012.
- "India-US SOFA (Status of Forces Agreement) not so near". The Hindu. 29 March 2011.
- "India MEA urges USG not to pursue status of forces agreement with India until ACSA agreement is concluded". The Hindu. 28 March 2011.
- "Italian marines will return to their posts after trail in India". Adnkronos International English. 6 June 2013.
- "Italian marines 'will not return to India' for murder trial". Gazzetta del Sud online. 11 March 2013. Retrieved 12 March 2013.
- "India court allows Italian marines to go home to vote". BBC. 22 February 2013.
- "I marò tornano in Italia per 4 settimane". La Stampa (in Italian). 22 February 2013.
- "Italian envoy Daniele Mancini lied to apex court on postal ballot". Times of India. Retrieved 14 March 2013.
- "Disrespect to Indian judiciary". Times of India. Retrieved 19 March 2013.
- "Can we trust Italy anymore? Marines could have voted here". First Post. Retrieved 12 March 2013.
- "Italian marines issue an insult: Modi". INAS. Retrieved 9 April 2013.
- "L’Italia ha già perso: un ambasciatore in ostaggio al posto dei due marò, e non finirà". La Repubblica (in Italian). 14 March 2013.
- "Hero’s welcome". Indian Express. 17 March 2013.
- "Néocolonialisme à l'italienne ?". Courrier International (in French). 18 March 2013.
- "Fishermen protest in southern India, demand arrest of Italian envoy over marine killing row". INDTV USA. 20 March 2013. Retrieved 20 March 2013.
- "Italy may seek international arbitration on marines’ issue". Zeenews Bureau. Retrieved 12 March 2013.
- "Naval guards issue: EU urges 'common solution' to India-Italy row". The Times of India, Chennai (Bennett, Coleman & Co. Ltd). 20 March 2013. Retrieved 20 March 2013.
- "Speech : Shri Arun Jaitley on Italian Marines Issue in Rajya Sabha". BJP. Retrieved 13 March 2013.
- "You have lost our trust: Supreme Court extends Italian ambassador's travel ban to April 2". India Today. 18 March 2013. Retrieved 19 March 2013.
- "Now they remember the Vienna Convention: Defiant Italy tells India you can't restrain envoy Mancini". India Today. 19 March 2013. Retrieved 19 March 2013.
- "Is the return of marines an Indian diplomatic win?". BBC World News. 22 March 2013.
- "Back from the brink". The Telegraph. 26 March 2013. Retrieved 26 March 2013.
- "Lawful responses to unlawful actions". The Hindu. 16 March 2013. Retrieved 19 March 2013.
- "EU warns India against violating Vienna Convention". BusinessStandard. 21 March 2013.
- "India-Italy Row: EU Warns New Delhi; Has India Violated International Law?". International Business Time India. 20 March 2013.
- "India, Italy end stand-off with surprise deal on marines". Reuters Edition US. 22 March 2013. Retrieved 1 September 2013.
- "US: Marines row between India and Italy, not an issue for US". US State Department Website. 19 March 2013.
- "Anger in Delhi as Italy insists no Indian authority can keep its envoy in the Capital". Daily Mail UK. 19 March 2013.
- "Now they remember the Vienna Convention: Defiant Italy tells India you can't restrain envoy Mancini". India Today. 19 March 2013.
- "EU or PM and Sonia: Who helped return of Italian Marines?". One India. 22 March 2013.
- "Italian marines charged with murder on the way to New Delhi: India". Straits Times. 21 March 2013.
- "Italian Marines Return to India in Bid to End Diplomatic Rift". Bloomberg Business Week. 21 March 2013.
- "A Win for India as Italian Marines Return to Stand Trial". Time Magazine. 25 March 2013.
- "A ‘Diplomatic Victory’ for India". Wall Street Journal. 22 March 2013.
- "Stern intervention by Supreme Court of India helped resolve marines issue". The Hindu Business Line. 24 March 2013.
- "Italian Marines did not expect the U-turn". The Deccan Chronicle. 24 March 2013.
- "Courts may not accept India’s word to Italy on marines: Khurshid". Economic Times. Retrieved 29 March 2013.
- "Law will prevail in Italian marines case: Khurshid". Hindustan Times. Retrieved 23 March 2013.
- "India says Italian marines won't face death penalty". Gazetta Del Sud. Retrieved 8 April 2013.
- "Italian marines case : Indian Govt to file status report". Retrieved 16 April 2013.
- "UPA insensitive to fishermen woes, says Modi". Retrieved 27 September 2013.
- "In TN, Modi draws parallels between Italy, Lanka and Pak". Retrieved 27 September 2013.
- "An ‘Embarrassing Climbdown’ for Italy". Wall Street Journal. 22 March 2013.
- "Italy India marine row: Foreign Minister Terzi quits". BBC World News. 26 March 2013.
- "Italian Foreign Minister Quits Over Marines' Return". Wall Street Journal. Retrieved 26 March 2013.
- "Italian Foreign Minister resigns over India marines dispute". Deutsche Welle. Retrieved 26 March 2013.
- "Italy foreign minister Giulio Terzi resigns over return of marines to India". Times of India. Retrieved 26 March 2013.
- "Outgoing Italian premier defends move to send back marines". The hindu. Retrieved 27 March 2013.
- "Monti Says Ex-Minister Botched India Talks Over Accused Soldiers". Business Week. Retrieved 27 March 2013.
- "Quarto Grado ultima puntata, l’intervista a Giulio Terzi". Fattidicronaca Italia (in Italian). 29 March 2013.
- "Italy Abu Omar rendition: Col Romano pardoned in CIA case". BBC World News. 5 April 2013.
- Maria (12 June 2013). "Trial to start soon for Italian marines in India". Agen Press Italia. Archived from the original on 2013-06-22. Retrieved 2013-06-18.
- "Online forum agrees that politicians queered the pitch on marines row". The Hindu. Retrieved 27 March 2013.
- "Against a background of chronic political and economic instability in Italy, the marines have acquired a mythic status". Business Standard. 30 March 2013.
- "‘Killer’ marines party with Mancini at Vatican Embassy". New Indian Express. Retrieved 22 March 2013.
- "Colosseum Goes Dark for Marines". WSJ. 30 March 2013.
- "Imperia: atto vandalico allo striscione per i 'Marò'". San Remo News. 14 September 2013.
- 2012 season Indian Grand Prix "Ferrari ‘gesture’ not in the right spirit, says Government". The Hindu. 26 October 2012.
- "Ferrari says flag gesture at India GP not political". Agence France-Presse. 27 October 2012.
- "Formula One Veers Into Global Politics Again". International Herald Tribune (International version of the NY Times. 26 October 2012.
- "Ferrari's decision to continue sporting Italian navy’s flag on their cars at India GP sparks diplomatic row". Sports Arena Media Management Pvt. Ltd. 27 October 2012.
- "Ferrari denies Italian navy flag on F1 cars is a political message". CNN. 26 October 2012.
- "Indian Grand Prix 2012: Ferrari risk wrath of officials by flying Italian navy flag". Daily Telegraph. 26 October 2012.
- "F1: Ferrari Allowed To Keep Navy Stickers For Race". Formula 1 — speed TV. 28 October 2012.
- "The truth isn't out there=DNA News Service". Retrieved 17 March 2013.
- "OFF Limits". The Statesman. Retrieved 14 March 2013.
- "Bitter Harvest : The Italian marines’ issue could be damaging for the Gandhis". The Telegraph. Retrieved 15 March 2013.
- "Another Italian shadow over Congress in corruption case". One India News. Retrieved 12 February 2013.
- "Are India and Italy on a Collision Course?". New York Times. Retrieved 13 February 2013.
- "India bars Italian envoy from leaving, escalating tensions over Italian marines shooting incident". Christian Science Monitor. Retrieved 14 March 2013.
- "Italian marines’ issue: CPM to step up agitation". Indian Express. Retrieved 17 March 2013.
- "Is there a conspiracy between the Italian marines and the UPA government?". India Today. Retrieved 12 March 2013.
- "Italian Marines not returning; Gandhis behind conspiracy? Fingers raised at conspiracy allegedly hatched by UPA chairperson Sonia Gandhi". One India News. Retrieved 12 March 2013.
- "Marines' fiasco: Congress summons Khurshid. Opposition raises the Sonia Gandhi connection". Indian Express. Retrieved 16 March 2013.
- "GOI: Marine issue and helicopter scam investigation". IBNlive. 15 March 2013. Retrieved 19 March 2013.
- "Italy violated rules, will face consequences: PM Manmohan Singh". Times of India. Retrieved 14 March 2013.
- "Incident at sea puts Indian-Italian ties in rough waters". France24. Retrieved 15 March 2013.
- "Italian Marines dupe India: How Sonia Gandhi, UPA bashed". One India News. Retrieved 12 March 2013.
- "India-Italy Row: Why Sonia Gandhi’s Italian Connection Could Be Delaying Resolution". International Business Times. Retrieved 12 April 2012.
- "Italy lied to us: Will we hit back or stay a banana republic?". First Post. Retrieved 12 March 2013.
- "Italian connection: Will Sonia Gandhi's origin always be questioned?". NDTV. Retrieved 15 March 2013.
- "Bribes were taken in the VVIP helicopter deal, admits Defense Minister AK Antony". India today. 25 March 2013. Retrieved 19 March 2013.
- Ashton, Catherine (13 March 2012). "Press statement regarding High Representative Catherine Ashton meeting with Italian Prime Minister Mario Monti". EU Consolium. Retrieved 18 December 2012.
- "Ashton vows support for Italy in arrested marines case". ANSA. 13 March 2012. Retrieved 17 November 2012.
- "STATEMENT BY THE PRIME MINISTER OF ITALY HIS EXCELLENCY MARIO MONTI TO THE 67TM GENERAL ASSEMBLY OF THE UNITED NATIONS (NEW YORK, 26 SEPTEMBER 2012)". Retrieved 10 November 2012.
- "Debate by delegations in Security Council 6865th meeting on Progress in Combating Piracy Attacks". Security Council SC/10820. United Nations. Retrieved 9 December 2012.
- Mr. Ioannis Vrailas, Deputy Head of the Delegation of the European Union to the United Nations (19 November 2012). "EU Statement - United Nations Security Council: Maintenance of International Peace and Security: Piracy". European Union. Retrieved 1 January 2013. "The effectiveness of the international efforts to counter piracy depends also on the full respect of the applicable international law and the flag state jurisdiction in international waters. We remain deeply concerned by a specific case of disregard of basic international law principles concerning the status of military personnel in action duty as VPD in an official counter-piracy mission, and the flag State jurisdiction in international waters."
- "Crisi marò/ Terzi: Da Ue sostegno a Italia in Consiglio Onu". Wall Street Italia (in Italian). 20 November 2012. Retrieved 1 January 2013. ""Ripeto, c'è stata una posizione ferma, decisa, pubblica dell'Unione europea a sostegno della nostra tesi" (I repeat, there has been a stern, determined, public stance by European Union supporting our thesis)"
- Isenberg, David. "Why Fighting Pirates Is Both Good and Bad for PSC". Retrieved 10 November 2012.
- "Private Security and Armed Military Guards: Minimising State Liability in the Fight Against Maritime Piracy". RUSI Journal. Retrieved 10 November 2012.
- Brown, James. "PIRATES AND PRIVATEERS: MANAGING THE INDIAN OCEAN'S PRIVATE SECURITY BOOM". Lowy Institute for International Policy. Retrieved 11 November 2012.
- Katz, Alan (28 November 2012). "Brother Shot Dead Fishing Tests Armed Guards' Accountability". BloombergBusinessweek. Retrieved 9 December 2012.
- Phillips, Roger L. (9 March 2012). "The Enrica Lexie Incident – Private Security Counterpoint". piracy Law. Retrieved 3 January 2013.
- "India for redraw of piracy risk map". New Indian Express. 20 May 2013.